The On Infringement Of Trade Marks And Spencer Private Company

1035 WordsApr 6, 20155 Pages
The following are some of the responses from various aspects of the society, which lays down the duties as well as the responsibilities for the whole society: 5.1 The Judicial Response There have been numerous judgments in India on infringement of Trade Marks through Domain Name registration in UK, Spain, Italy, France and others. Depending on the nature of the infringement, these violations have been called, in the absence of any standard terminology, by various names like Cyber-squatting, Passing-off, Name-grabbing etc. Nearer home in India, when a Website called htpp:/marks and Spencer.co. UK came up, Marks and Spencer Private Company Limited had to seek judicial remedy against the British Company named ‘One in a Million’ for a restraint order. It was held that the name Marks and Spencer could not have been chosen for any other reasons except that it was associated with the well known retailing group . In another case, it was held that the Internet domain names are of importance and can be valuable corporate assets and that a domain name is more than an Internet address. A company carrying on business of communication and providing services through the Internet, carried a domain name “REDIFF” which had been widely published. The defendant company also started using the same domain name transcripting it as “RADIFF”. It was found that the only object in adopting this domain name was to trade upon the reputation of the plaintiff’s domain name. An injunction was ordered

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