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2013 (12) TMI 116 - HC - Companies LawInfringement of registered trademark - Passing off and delivery up - Transfer of domain name Rendition of accounts – Held that:- No written statements have been filed on behalf of the defendants and no reply was given - the averments of the plaintiff and the documents filed by them are uncontroverted - there is no reason not to accept the same - The plaintiffs have filed a host of documents to establish their case - The plaintiffs have in excess of a hundred domain names worldwide, it is evident that the use of the domain name www.amexgroup.in by the defendants is likely to cause confusion among consumers and members of the trade - Relying upon Yahoo! Inc Vs. Akash Arora & Anr [1999 (2) TMI 630 - DELHI HIGH COURT]. The plaintiffs have been vigilant about protecting and defending their intellectual property rights, as they have placed on record the proceedings in the various other suits filed by the plaintiffs wherein the Courts, as well as arbitration forums, have protected the rights of the plaintiffs - The Plaintiffs and the Defendants are operating in the same sphere of activity i.e of financial services - A printout of the defendant’s website reveals that the defendants offer financial and investment services which are identical to the services for which the plaintiffs’ marks are registered - the plaintiffs have successfully been able to establish that the defendants are violating the statutory rights of the plaintiffs’ registered trademark under Section 29 of the Act and are also passing off their services as those of the plaintiffs causing deception and confusion. Punitive damages are founded on the philosophy of corrective justice - the purpose involved is to discourage parties from indulging in acts of deception - The Plaintiffs are also entitled to the damages of Rs 5 lakhs in addition to costs of the suit – Decided in favour of Petitioner.
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