Abhishek (Finance) 20 August 2014
Sir,
we are small exporter in india, we are using our business name since many years,we are using the same name as our domain name over internet. please guide me if can any co from outside india use the same domain name for them. as we got the intimation from the domain name registrar regarding the company wanting to use the same domian name. kindly please guide us and if possible please suggest us the course of action we must take in this regard to safeguard our Business name . Thanking You
Chetan Joshi (Advisory/Advocacy) 22 August 2014
Hi Abhishek,
It needs to be looked into that are the product/service which is being sold under the same domain name are deceptively similar to the one which is being sold by the Co. and if that is the case, an action of passing off can be called for coupled with an injunction which would be granted against the Co. to restrain them further to use your domain name.
Regards
Chetan Joshi
T. Kalaiselvan, Advocate (Advocate) 25 August 2014
Adv. Mr.ChetanJoshi has addressed the query well, you may reply him and seek further advise.
anand (legal advisor) 11 September 2014
in addition to the above you shall have Trade Mark applied in your favour only then your claim will sustain before the court.
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