basis that the principles relating to passing off
actions in connection with trademarks are applicable to domain names.
However, the respondent has contended that ... valuable and the potential for dispute is high.
Whereas large number of trademarks containing the same name can comfortably
co-exist because they are associated
plaintiff has filed a suit for permanent injunction for infringement of trademark, copyright, passing off, delivery up, rendition of accounts, damages, etc. against the defendant ... involved in the business of manufacture and sale of motorcycles under the trademark HERO HONDA since 09.04.1985. It is stated that apart from the said
word MOLA is common to the trade as more than 25 trademarks are
registered with the suffix MOLA. Mr. Arun Jaitley stated that variants ... notice of
opposition dated 25th July, 2007 to the Appellants trademark
application which in turn explicitly stated that the Appellant had been
using the mark
aforesaid mark. The plaintiff company claims
to be owner of various trademarks which contain the name
TATA as a part of the registered trademark ... wide geographical area, coupled with vast
promotion and publicity, the said trademark enjoys an
unparalleled reputation and goodwill and has acquired the
status
services or goods on the Internet or otherwise under the trademark/domain name 'Yahooindia.Com' or any other mark/domain name which ... identical with or deceptively similar to the plaintiff's trademark 'Yahoo!' and also for rendition of accounts and damages. The plaintiff
Present suit has been filed by the plaintiff for infringement of trademark,
passing off, dilution, tarnishment, unfair competition, damages and
rendition of accounts. Summons were ... that the subject matter of the present
suit is the Plaintiff‟s trademark JOCKEY which has been extensively used
by the Plaintiff either by itself
filed the present suit seeking inter alia
permanent injunction restraining infringement of trademark, passing
off, damages etc. It is alleged by the plaintiffs that ... commerce website where they are offering counterfeit
products bearing the trademarks and logos of various luxury brands,
including those of the plaintiffs, for sale
quote:-
"56. The wordings in sub clause (a) ―the registered trademark
has been assigned by the registered proprietor to another
person after acquisition ... goods which is the registered proprietor and third person to
which the trademark has been assigned at the same place.
57. Thus, the said acquisition
conceiving the idea and testing it, Midas launched commercial activity under
the trademarks "Krazy Lines" and "Laxman Rekha" (hereafter ... trademarks") approximately in 1989. The trademarks were registered,
bearing Nos. 545608 and 54610 respectively in 1991, and the packaging
material of the products
that "Mark", as defined in Section 2(m) of the Trademarks Act, 1999,
includes the shape of goods, packaging or combination of colours ... combination thereof. "Trademark" is defined in section 2 (zb) of the Act to
mean "a mark capable of being represented graphically
