2013 (7) TMI 133 - HC - Companies Law

Injunction and damages for infringement of trade mark, passing off and unfair competition - Held that - Plaintiffs have proved the facts stated in the plaint and have also exhibited the relevant documents in support of their case. Since the plaintiffs evidence has gone unrebutted, said evidence is accepted as true and correct. Thus defendant s adoption and registration of the domain name www.cokestudio.in being identical to plaintiff No.1 s registered trade marks COKE and COKE STUDIO is dishonest. As decided in M/s. Satyam Infoway Ltd. vs. M/s. Sifynet Solutions Pvt. Ltd. 2004 (5) TMI 529 - SUPREME COURT OF INDIA use of the same or similar domain name may lead to a diversion of users which could result from such users mistakenly accessing one domain name instead of another - thus direction issued to the National Internet Exchange of India c/o ISPAI (Internet Service Providers Association of India) to the Registrar of domain name M/s A to Z Domains Solutions Pvt. Ltd. to transfer the domain name cokestudio.in to plaintiff No.1.

Summary

Issues:
Infringement of trademark, passing off, unfair competition.

Analysis:
The present suit was filed for injunction and damages due to infringement of trademark, passing off, and unfair competition. The plaintiff sought various reliefs, including a permanent injunction restraining the defendant from using the trade marks COKE and COKE STUDIO, transferring the domain name 'cokestudio.in' to the plaintiff, and inspecting the defendant's accounts for profits made from unauthorized use. The plaintiff, a registered proprietor of the trade marks, alleged that the defendant had registered the domain name 'cokestudio.in' without launching a website, indicating squatting intentions.

The court noted the popularity of the plaintiff's COKE STUDIO series in Pakistan and India, emphasizing the fusion of musical influences in the program. The defendant's registration of the domain name 'cokestudio.in' was found to infringe the plaintiff's registered trade marks. Citing legal precedents, the court highlighted the importance of protecting against deceptive practices and unauthorized use of similar domain names in the context of trademark infringement and passing off.

Relying on the evidence presented by the plaintiffs, including registration certificates and online interactions, the court concluded that the plaintiffs had established their case. The defendant's actions were deemed dishonest, akin to trademark infringement and passing off. Drawing from previous judgments, the court emphasized the potential for confusion among consumers due to similar domain names leading to traffic diversion and loss of goodwill. Consequently, the court decreed in favor of the plaintiffs, granting reliefs 'A' and 'B' from the plaint, directing the transfer of the domain name 'cokestudio.in' to the plaintiff, and awarding costs.

In summary, the judgment addressed issues of trademark infringement, passing off, and unfair competition related to the unauthorized registration and use of a domain name similar to the plaintiff's registered trade marks. The court upheld the plaintiff's claims, emphasizing the need to protect against deceptive practices and safeguard the goodwill associated with established trademarks.