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2013 (7) TMI 133 - HC - Companies LawInjunction and damages for infringement of trade mark, passing off and unfair competition - Held that:- Plaintiffs have proved the facts stated in the plaint and have also exhibited the relevant documents in support of their case. Since the plaintiffs' evidence has gone unrebutted, said evidence is accepted as true and correct. Thus defendant’s adoption and registration of the domain name www.cokestudio.in being identical to plaintiff No.1's registered trade marks COKE and COKE STUDIO is dishonest. As decided in M/s. Satyam Infoway Ltd. vs. M/s. Sifynet Solutions Pvt. Ltd.[2004 (5) TMI 529 - SUPREME COURT OF INDIA] use of the same or similar domain name may lead to a diversion of users which could result from such users mistakenly accessing one domain name instead of another - thus direction issued to the National Internet Exchange of India c/o ISPAI (Internet Service Providers Association of India) to the Registrar of domain name M/s A to Z Domains Solutions Pvt. Ltd. to transfer the domain name cokestudio.in to plaintiff No.1.
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