TMI Blog2001 (2) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... id word as an essential or dominant feature thereof and from doing any other thing as is likely to lead to passing off of the business and goods of the defendants as the business and goods of the plaintiff. Also for the relief of permanent injunction restraining the defendants from using the trade mark/domain name 'drreddyslab.com' or any other mark/domain name which is identical with or deceptively similar to the plaintiffs trade mark DR. REDDY'S for internet related services or any other business as may lead to dilution of the distinctiveness of the said trademark of the plaintiff; Also praying for damages to be paid to the plaintiff by the defendants on account of the use of the impugned mark as a domain name BESIDES renditio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve operations overseas; that the company has subsidiaries in USA (Reddy Cheminor, Inc), France (Reddy Cheminor S.A. ), Singapore (Reddy Pharmaceuticals Singapore Pte. Ltd) and Hong Kong (Reddy Pharmaceuticals Hong King Ltd) and has a network of associates in more than 50 countries to market bulk pharmaceuticals and finished dosages; that the plaintiff company is a leader in organic synthesis and its products cover analgesics, antiulcerants, antimetics, X-ray contrast agents, antitussives, antihypertensives, antibacterials, anesthetics, anti-cancer compounds and lipid lowering agents among others; that the plaintiff company is also the proprietor of the trademark 'DR. REDDY'S' by virtue of priority in adoption, continuous and ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the defendants do not have any connection with the parties whose marks/names they have registered; that the registration procedure of domain names of the internet is on a first come first served basic and is a mere recordal without any opposition or notice to third parties; that the said domain name registrations would enable the defendants to take the next effective step of opening a website on the internet where their business profile and objectives would appear. In fact, when the plaintiff company first accessed the website on the internet to investigate the defendants activities, it was learnt that their home page bearing the domain address www.drreddyslab.com shows a clock and the following caption :- welcome to the future We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed use of the trademark DR. REDDY'S on the internet or otherwise will cause irreparable loss, damage and injury to the goodwill and reputation of plaintiff company by passing off the defendants goods and business as and for those of plaintiff company or associated with it in some manner or the other. 4. Through the aforesaid affidavit, the plaintiff has produced Board Resolution as Exhibit P-1, Annual Report for the year 1997-98 as Exhibit P-2, Corporate Report 1996-97, Certified copy of memorandum and articles of association of plaintiff company as Exhibit P-4, Letter dated 25 1.1999 from Zezan Marketing Pvt. Ltd., about registration of plaintiffs domain name Exhibit P-54, Computer print out of plaintiffs domain name registration a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account of the increasing world wide use of the internet and its reach and implications on trade, the potential for confusion or deception being caused on account of adoption of the impugned trade name/domain name by the defendants and the likelihood of damage to plaintiffs company business, goodwill and reputation by the operation of a website under the impugned domain name by the defendants can be well appreciated. 7. It is a settled legal position that when a defendant does business under a name which is sufficiently close to the name under which the plaintiff is trading and that name has acquired a reputation the public at large is likely to be misled that the defendant's business is the business of the plaintiff or is a branch o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he defendants domain use. The degree of the similarity of the marks usually is vitally important and significant in an action for passing off as in such a case, there is every possibility and likelihood of confusion and deception being caused. Considering both the domains' name, it is clear that two names being almost identical or similar in nature, there is every possibility of an Internet user being confused and deceived in believing that both the domain names belong to plaintiff although the two domain names belong to two different concerns. 8. In view of the above on preponderance of probablities, I am of the view that the plaintiffs has been able to establish the averments in the plaint and defendants needs to be restrained by s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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