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2013 (3) TMI 479 - HC - Companies LawPermanent injunction - Infringement of trademark - as per plaintiffs the defendants are using the trademark/domain name www.tatainfotech.in or any other mark/domain name which is identical with or deceptively similar to the plaintiff's trademarks TATA/TATA INFOTECH - plaintiffs prayed for an order for transfer of the domain name www.tatainfotech.in to the plaintiffs from the register of the Registrar, Key-Systems GmBH, and for delivery-up of all infringing materials along with the rendition of accounts of profit illegally earned as well as damages - Held that:- The WHOIS search conducted on the registry website for the domain name www.tatainfotech.com clearly states that the record of the said domain name was created on January 30, 1998. The plaintiffs have also stated that they have been the prior user with respect to the said domain name ever since the year 1998. In contrast, the WHOIS search conducted on the registry website for the impugned domain name www.tatainfotech.in clearly shows that it was created on CS (OS) No. 563/2005 Page 9 of 11 February 19, 2005 in the name of defendant no. 1 i.e. Arno Palmen, by the sponsoring registrar Key-Systems GmBH, who is defendant no. 2. Further, the email correspondence between the contesting parties also conclusively demonstrates that the defendant no. 1 not only had the knowledge that plaintiff no. 2 was the legitimate owner and user of the trademark TATA INFOTECH, but also got the impugned domain name registered deliberately in bad faith, in the hope of being able to sell the domain name to the plaintiffs, or take unfair advantage of the distinctive character and repute of the plaintiff's trademark. Thus the defendant no.1, its servants, agents and assigns and all others acting on behalf of the defendant are restrained from conducting any business or dealing in any manner including using domain name www.tatainfotech.in or the word TATA or any name comprising of the same or deceptively/confusingly similar to it regarding any goods, services or domain. The defendant no. 2, Key-Systems GmBH is directed to cancel the registration of the impugned domain name in favor of the defendant. With respect to delivery and rendition of accounts, the plaintiff has not placed any evidence on record to show that the defendant no. 1 has any infringing material or made any business out of the impugned trademark/domain name. No costs to follow. The suit is hereby decreed to the extent indicated above.
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