The Delhi High Court recently passed an order reversing the holding of a INDRP complaint where the Arbitrator passed an award against Thoughtworks Incorporated, a US company in favour of Super Software Private Limited, an Indian company with regard to
We all have different reasons for getting into the study and practice of law. Regardless of whether you have parents/family members with a thriving practice who need an heir, to not getting into any other course or if you’re like
Given the augmenting cyberspace era, domain name disputes are on an ultimate rise and there have been numerous judgments pronounced on domain name disputes and majority of these disputes are focused on the interplay between trademarks and domain names. Last
In the present era of widespread use of internet and domain names, the Bombay High Court recently pronounced a crucial judgement in the case of Raymond Ltd vs. Raymond Pharmaceutical Pvt Ltd, wherein it quoted: “The overall scheme of the Trade-marks
Image source In the present ever-evolving internet age, domain names have become an indispensable part of any business entity. Just as trademarks symbolize the brand name of a business or a product, domain names identifies or locates a business or
Domain dispute resolution in India All domain registrations and disputes relating to .in domains are regulated by the .IN Registry. .IN registry is a part of the Nation Internet Exchange of India (NIXI) which is a not-for-profit organisation facilitating exchange
There’s an instinct within most us that prompts us to lie or state the most ludicrous things when accused of being in the wrong. This primordial feeling (which may be what helped us survive) of justifying and rationalizing one’s actions is most evident in negotiations with trademark infringers and domain squatters (someone who registers a domain name with the intent to profit from the goodwill of a trademark belonging to someone else). While there are judicial fora to retrieve domains like the National Arbitration Forum for .com domains and the .IN Registry for .in domains (discussed in detail here) domain disputes don’t always go through them. On many occasions, the squatter is just sent a nicely worded cease and desist notice to stop using the domain and to transfer it to the rightful owner and negotiations ensue.
In 1996, Siddharth Mehta launched an online matchmaking, matrimonial and wedding services portal under the name and mark Shaadi.com. Four years later in February 2000, the Plaintiff was incorporated. The Plaintiff belongs to the People Group of Companies. They own several well-known domain names, websites, brands and trademarks. One of these is Shaadi.com.
Domain hosts are the providers of domain names, for instance, if you want to buy abcxyz.in, you will approach the .IN registry or any of registrars accredited (godaddy.com, name.com, rediff.com etc.) by them in order to secure a domain name.
Trademarks are to the real world, what domain names are to the virtual world; Trademarks are vital to every business because they help consumers associate the goods or services provided by them to that particular trademark thereby building reputation. Similarly, the Internet is the first port of call for anyone who wants to find information about anything and therefore, it is essential for a company to make its presence felt in the virtual world through a website.
We are a boutique intellectual property law firm based out of India, assisting clients ranging from early-stage start-ups to Fortune 500 companies across several industries in protecting intellectual property across the globe.