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TMI Blog2005 (1) TMI 626X X X X Extracts X X X X X X X X Extracts X X X X ..... ATA INFOTECH, whether as a domain name or otherwise and from doing any other thing as is likely to lad to passing off of the business and goods of the Defendant as and for those of the Plaintifs; (b) An order for freezing the website being operated under the domain name 'tatainfotecheducation.com' and for the transfer of the impugned domain name to the Plaintiffs from the register of the Registrar, NETWORK SOLUTIONS, INC and for delivery-up of all impugned materials if any, including brochures, stationery and other printed matter, for purposes of destruction and/or erasure; (c) An order for the rendition of accounts of profit illegally earned by the Defendant on account of the infringing activities and a decree for the amount ascertaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India and abroad. It started its Eudcation Division in 1992 and claims to have more than 200 centers all over the country beside having centres in Columbia, Nepal, Bangladesh, Sri Lanka and Myanmar. 5. Promoter of plaintiff No. 1 was Late Jamsetji Tata. The company used the trademark and tradename TATA derived from the surname of its promoter. Plaintiffs claim that the word TATA is a rare patronymic name having all the trappings of an inventedword. It is claimed that on account of its highly distinctive nature, the name TATA has acquired an excellent reputation. The mark/name TATA is distinctive of the goods manufactured and services rendered by TATA Group of Companies. 6. Plaintiffs claim that by virtue of the facts afore noted, they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wal, senior manager and constituted attorney of plaintiffs No. 2. Following documents have been proved: (i) Ex.P-1 being the board resolution in favor of Sh. Sanjeev Agarwal. (ii) Ex.P-2 being a compedium of the activities of Tata Group of Companies. (iii) Ex.P-3 being the Gallup Poll result published in the Times of India evidencing that 3 out of 10 persons interviewed showing awareness of the word TATA. (iv) Ex.P-4 being the extract from Encyclopedia Britannica showing that House of Tata was the only Indian Industrial Business Group mentioned therein. (v) Ex.P-5 being the details of a list of trademarks registrations for inter alia the word TATA obtained by different Tata Group of Companies. (vi) Ex.P-8 being the list of domain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or internet communication but also identifies the specific internet site. In the commercial field, each domain name owner provides information/services which are associated with such domain name. Thus a domain name may pertain to provision of services within the meaning of Section 2(z). A domain name is easy to remember and use, and is chosen as an instrument of comercial enterprise not only because it facilitates the ability of consumers to navigate the Internet to find websites they are looking for, but also at the same time, serves to identify and distinguish the business itself, or its goods or services, anto specify its corresponding online Internet location. Consequently a domain name as an address must, of necessity, be peculiar and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t domain name owner had mis-represented its goods or services through its promotional activities and the first domain owner would thereby lose their custom. It is apparent therefore that a domain name may have all the characteristics of a trademark and could found an action for passing off. 17. Over the last few years the increased user of the internet has led to a proliferation of disputes resulting in litigation before different High Courts in this country. The Courts have consistently applied the law relating to passing off to domain name disputes. Some disputes were between the trademark holders and domain name owners. Some were between domain name owners themselves. These decision namely Rediff Communication Ltd. v. Cyber booth and A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments also evidence wide range of business activities of the Tata Group of Companies, their worldwide reputation and a distinctiveness attached to the word TATA and referable to the plaintiffs. 19. At the hearing held on 15.1.2005, counsel for the plaintiffs did not press for prayers other than prayer (a) and (b). 20. Suit is decreed in terms of prayers (a) and (b). The defendant, its servants, agents and assigns and all others acting on behalf of the defendant are restrained from conducting any business or dealing in any manner including using domain name. `tatainfotecheducation.com' or the word `Tata' or any name comprising of the same or deceptively/confusingly similar to it regarding any goods, services or domain. The impugned dom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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