Successful raid action in India02/22/2017
A successful raid action in India took place in early December this year and was carried out in a market in Delhi infamous for its counterfeit activity. Targets identified at 5 locations were finally raided after filing multiple suits at different courts and at last obtaining favourable orders. Seizures of approximately 650 branded toys and their lookalike took place.
Obtaining court orders to raid in IP infringement matters can sometimes be daunting in India, however persistent efforts do pay off as happened in this particular case.
Pursuant to fixing the targets to be acted upon, petitions were filed before the District Court Gurgaon on 3 October 2015. The branch office of the member was located in Gurgaon jurisdiction, so the territorial jurisdiction vests with Gurgaon District Court. However, there was unwarranted delay so another suit petition was filed in Tis Hazari District Court, Delhi. This was the second best option, since this court also has jurisdiction to entertain petitions because the targets were located in this court's territorial jurisdiction on the basis of occurrence of cause of action. We anticipated not getting orders from this court because this has not been passing orders in IP infringement matters.
Thereafter, 2 shops were located in another area of Delhi, which is in the territorial jurisdiction of another district court in Delhi i.e. Karkardoma, District Courts, as it was necessary to have some cause of action in that territory to obtain orders for other locations outside the jurisdiction of this court. From Karkardoma District Court, the orders were obtained and the raid action was executed.
The raids were conducted at 5 locations and a seizure of around 650 branded toys and their lookalike took place.
The seizure could have been more than double had the raids happened before Diwali festival because during that period India witnesses maximum business activity.