Friday, July 2, 2010

'CYBER SQUATTING' Case


This is on case for cyber squting , please put comment (tat is good for improving our knowledge for Final exam )
Yahoo Inc. Vs. Akash Arora 2: The Plaintiff was the owner of the Trade mark "Yahoo!" and domain name "yahoo.com", which are very well known. The Defendant adopted the domain name "Yahooindia.com" and got the same registered in his name. The Plaintiffs filed a suit contending that the action of the Defendant was that of 'passing off' and that he should be permanently restrained from continuing the same.

Accordingly, the Hon'ble Court held that the said word "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, an injunction restraining the Defendant from using the impugned mark was granted.

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