Yahoo! Inc. Vs. Akash Arora & Anr.
[1999 (19) PTC 201 (Del)]
Plaintiff is the owner of the well known mark ‘Yahoo!’ and the domain name ‘yahoo.com'. Yahoo is the mark know and used all over the world. Defendant adopted the domain name ‘yahooindia.com'. Defendant also applied for the registration of the same, which in due course of time got accepted.
The Plaintiff filed a suit contending that the action of the Defendant was that of ‘Passing off’ and prayed for issue of permanent injunction to restrain the Defendant from continuing to use the same.
The question that the Delhi High Court has to answer was, Whether a domain name is protected under the Intellectual Property Right or not?
Hon’ble Delhi High Court held that ‘Yahoo’ had acquired distinctiveness and is associated with the business of the Plaintiff. The use of domain name ‘yahooindia.com' by the defendant leads to passing off of the business of the Plaintiff as his own and hence the same shall be permanently discontinued. Therefore, the hon’ble High Court issued a permanent injunction, restraining the Defendant from using the impugned mark.
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