Domain names "IndiaProperties.com" and 'IndiaProperty.com"

Document Sample
Domain names "IndiaProperties.com" and 'IndiaProperty.com" Powered By Docstoc
					                                 HIGH COURT OF BOMBAY
                                        (O.O.C.J.)

                                     Anoop V. Mohta, J.


                                I Plus Inc.............Plaintiffs

                                               Versus

                 Consim Info Private Limited & Anr.............Defendants


Decided on 13.08.2009
Notice of Motion No. 516 of 2006
In Suit No. 484 of 2006

Dispute as to registration of a Domain name & Passing off action

Domain names "IndiaProperties.com" and 'IndiaProperty.com"

HELD The domain name of the plaintiff comprising two generic and descriptive
words "India" and "Property", therefore are not and can never be capable of
protection as a trade mark. These words are also not coined words of the plaintiff.

Further HELD    " The issues of dishonest adoption or misappropriation of domain name are
again matter of full trial and the evidence. The issue on "jurisdiction" are complex issues in
view of the different Rules relating to the subject, in view of the unclear and vague
provisions of law.

There is a recognised distinction between the domain name and the trademark.
The word "IndiaProperty" or "Properties", individually or conjunctively, are
common words. There is no distinctiveness in these words.

 " Therefore, I am inclined to reject this application/motion for an ad interim interdict .
the Notice of Motion is dismissed."

Cases Referred:

Asian Paints Limited v. Home Solutions Retail (India) Limited 2007 (35) PTC 697 (Bom.)

Competition Review (P) Ltd. v. N.N. Ohja                             1996 (16) PTC 124
(Del)

I.T.C. Ltd. v. G.T.C. Industries Ltd. & Ors.                               2008(2) Mh.L.J.
922

Online India Capital Co. Pvt. Ltd. & Anr. v. Dimensions Corporate 2000 PTC (20) 396(Del)
Satyam Infoway Ltd. v. Sifynet Solutions (P) Ltd.                              (2004) 6 SCC
145

Yahoo!, Inc. v. Akash Arora & An78 (1999) Delhi Law Times 285 :1999 PTC (19) 201 (Del)

PRESENT: Mr. M.P.S. Rao i/b. Dewen Dwarkadas & Partner for the Plaintiffs.

Mr. Ravi Kadam, Advocate General with Mr. Vishal Kanade i/b. M/s. Bhagwati & Co. for the
Defendants.

Anoop V. Mohta, J.

P.C.:

1. The Suit revolve around two domain names i.e. "IndiaProperties.com" a registered
domain name of the plaintiffs since 21st September, 1998 and "IndiaProperty.com" a
registered domain name of defendant No. 1 since 21.10.2001. The plaintiffs, therefore, filed
the Suit for various reliefs including a perpetual injunction/order against defendants 1 and
2. A Notice of Motion has been also taken out in the year 2006. By order dated 20.02.2006
in the Notice of Motion, this Court refused to grant any ad interim relief. This order of
refusal of ad interim relief remained intact till this date. In the result, there is no order of
any injunction in operation since then. The present motion is listed for final hearing in due
course.

2. The basic facts, as averred, are as under:

On 21st September, 1996 the plaintiffs registered their domain name 'indiaproperties.com'
with Network Solut
				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:145
posted:7/14/2010
language:English
pages:7
Description: Dispute as to registration of a Domain name & Passing off action
BUY THIS DOCUMENT NOW PRICE: $1 100% MONEY BACK GUARANTEED
PARTNER Manpreet Singh Sood