Our trade mark used as domain name (Infringement)
Querist :
Anonymous
(Querist) 30 June 2010
This query is : Resolved
Dear sir,
We have 46 registered tradmarks and copyrights.
We are a well known SUPER BRAND.
One company in Mumbai is using our registered trade mark as their domain name.
eg. bajajmotors@yahoo.co.in
We gave them cease and desist letter.
It did not work .They ignored.
We took interim injunction but they remained absent from court.
We have ex-parte interlocutory injunction with us.
Unfortunately in our plaint we didnot specify domain name thing we stressed on Sign boards,visiting cards,letterheads etc.
Even judgement shows that court relied on these only to issue the order.
court did not take in to consideration the domain thing.
Now how do we prove in court/what is acceptable in court as evidence,if we were to put on record that this company is using till date our name as domain name despite court's order/injunction??
Should we produce a print out with affadavit etc ??
Will this be admissible in court as evidence?/
What are other ways of ensuring/proving our domain name fact in front of the court so that court issues a restraining order for domain name as well??
Thanks
R.K
Kumar Thadhani
(Expert) 30 June 2010
Yes you ca restrain this company from using domain name also since you say there is interlocutary injunction in your favour from the court.You can adduce further ground and evidences to support by way of affidavitt will definitely be accepatable in court during your final hearing of your matter.
Querist :
Anonymous
(Querist) 01 July 2010
Dear Mr.Siva,
I thank you for your suggestion
But i would like to understand if there is a certifying authority upon whose certification court will recognize and with out seeking further clarification on authenticity will pass an order to restrain the defence from using the impugned web address in future.
Thanks
RK
Basavaraj
(Expert) 06 July 2010
It is my considered veiw that you can restrain the domain usage, before the you need to do what other members told, obtaining injuction order you need to persude the court with that a.prima facie of the case, b. balalnce of conveinance, c.Garavity of the case. If your registered mark you may claim for damages for accounts, all you have to do is that you need show the similaryt of trademark.
