2002 (1) TMI 1320 - HC - Indian Laws

Summary

Issues Involved:
1. Permanent injunction against the defendants for using a similar domain name.
2. Allegations of misrepresentation and false statements by the plaintiffs.
3. Proprietorship and uniqueness of the domain name "kabadibazaar.com".
4. Descriptive vs. suggestive nature of the domain name.
5. Secondary meaning acquired by the domain name.
6. Allegations of abusive registration and cybersquatting by the defendants.

Detailed Analysis:

1. Permanent Injunction Against the Defendants for Using a Similar Domain Name:
The plaintiffs sought a permanent injunction to restrain the defendants from using the domain name "www.kabaribazaar.com" or any similar combination, alleging it would lead to passing off the defendants' business as that of the plaintiffs. An ex parte injunction was initially granted on 24th April 2000.

2. Allegations of Misrepresentation and False Statements by the Plaintiffs:
The defendants moved an application under Order 39 Rule 4 CPC for revocation of the interim injunction, alleging that the plaintiffs obtained the injunction through misrepresentation and false statements. The court was to dispose of both the applications.

3. Proprietorship and Uniqueness of the Domain Name "kabadibazaar.com":
The plaintiffs claimed proprietorship of the domain name "www.kabadibazaar.com" and argued that it was unique and newly coined by them. However, the court found that the words "kabadi" and "bazaar" were commonly used in Hindi parlance and were not unique or newly coined by the plaintiffs. The combination was descriptive and not distinctive.

4. Descriptive vs. Suggestive Nature of the Domain Name:
The court analyzed whether the domain name "kabadibazaar" was descriptive or suggestive. It concluded that the domain name was descriptive as it directly imparted information about the nature of the business, which involved second-hand goods. The court cited precedents to support the view that descriptive words cannot be monopolized unless they acquire a secondary meaning.

5. Secondary Meaning Acquired by the Domain Name:
The plaintiffs argued that the domain name had acquired a secondary meaning due to extensive publicity and recognition. However, the court found that the material on record was insufficient to show that the domain name had acquired a secondary meaning. The plaintiffs had not demonstrated significant business activity or provided financial statements to support their claim.

6. Allegations of Abusive Registration and Cybersquatting by the Defendants:
The plaintiffs alleged that the defendants' registration of the domain name "www.kabaribazaar.com" was abusive and in bad faith, citing the registration of similar domain names and demands for money. The court referred to the WIPO Uniform Dispute Resolution Policy and found that the plaintiffs had not established that the defendants' registration was abusive or in bad faith. The defendants had a legitimate interest in the domain name, and there was no prohibition against booking and selling domain names under Internet Law.

Conclusion:
The court concluded that the word "kabadibazaar" was a descriptive term commonly used in Hindi and could not serve as a trademark or trade name unless it had acquired a secondary meaning, which the plaintiffs failed to establish. The allegations of abusive registration and cybersquatting were not substantiated. Consequently, the court allowed the defendants' application under Order 39 Rule 4 CPC, vacating the interim injunction granted on 24th April 2000, and dismissed the plaintiffs' application under Order 39 Rule 1 & 2 CPC. No order as to costs was made, and the observations were not to affect the merits of the case.