2002 (3) TMI 937 - HC - Companies Law

Summary

Issues Involved:
1. Passing off and trademark infringement.
2. Generic nature of the term "NAUKRI".
3. Bad faith and dishonest intention in domain name registration.

Summary:

Passing off and trademark infringement:
The plaintiff sought a decree of permanent injunction against the defendants for using the domain name 'NAUKRI.COM' or any deceptively similar name, alleging that the defendant's use of 'NAUKRI.COM' as a hyperlink to 'JOBSOURCEINDIA.COM' constitutes passing off. The court recognized that a domain name serves the same function as a trademark and is entitled to equal protection. The court cited the YAHOO.COM v. AKASH ARORA case, where it was held that domain names are not mere addresses but identifiers of internet services, warranting protection against passing off.

Generic nature of the term "NAUKRI":
The defendant argued that 'NAUKRI.COM' is generic and incapable of trademark significance or secondary meaning. However, the court noted that even descriptive or generic terms could acquire a secondary meaning through long use and reputation. The plaintiff demonstrated that 'NAUKRI.COM' had gained distinctiveness and a secondary meaning, as evidenced by press clippings and write-ups indicating its established reputation in the market.

Bad faith and dishonest intention in domain name registration:
The plaintiff accused the defendant of bad faith and dishonest intention by registering a similar domain name to divert internet traffic. The court found that the defendant's registration of 'NAUKRI.COM' along with 'JOBSOURCEINDIA.COM' and the subsequent diversion of traffic indicated bad faith. The court referred to the Uniform Domain Name Dispute Resolution Policy, which considers intentional attempts to attract internet users for commercial gain through confusion as evidence of bad faith.

Conclusion:
The court granted a temporary injunction restraining the defendant from using the domain name 'NAUKRI.COM' or any similar mark and from hyperlinking it to 'JOBSOURCEINDIA.COM' until the disposal of the suit. The court emphasized that the views expressed were tentative and subject to final decision in the suit.