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2006 Supreme(Del) 62

High Court Of Delhi
YAHOO INC. - Appellant
Versus
SANJAY V.SHAH - Respondent
Decided On : 01/12/2006

The central legal point established is the protection of a well-established trademark in internet services and related products.

Headnote:

Trademark Infringement - Internet Media Company - The court discussed the plaintiff's global internet media services under the trademark 'yahoo!' and its extensive use in various services and products.

Fact of the Case:

The plaintiff, a global internet media company, claimed trademark infringement based on its use of the 'yahoo!' trademark for comprehensive information, communication, and shopping services.

Finding of the Court:

The court analyzed the plaintiff's extensive use of the 'yahoo!' trademark and its popularity among internet users, leading to the finding of trademark infringement by the defendant.

Issues: Trademark Infringement, Extensive Use of Trademark, Popular Internet Services

Ratio Decidendi: The extensive use and popularity of the 'yahoo!' trademark in internet services and various products influenced the court's decision in finding trademark infringement.

Final Decision: The court ruled in favor of the plaintiff, recognizing the trademark infringement and granting appropriate relief.

SWATANTER KUMAR, J.

( 1 ) THE plaintiff is stated to be a corporation organized and existing under the laws of the State of Delaware, USA with its office at california, USA. Ms. Sunita K. Sreedharan is the constituted attorney of the plaintiff and is duly authorized by and under a power of attorney to sign and verify the pleadings and to institute the present suit. The present plaint has been signed and verified by the said Ms. Sunita K. Sreedharan. The plaintiff is a global internet media company that offers a branded network of comprehensive information, communication and shopping services to millions of users under its unique and highly distinctive trademark yahoo! since June, 1994. It is the case of the plaintiff that the services provided by the plaintiff enables internet users, even nontechnical ones, to find information relevant for their purposes out of the plethora of contents of the worldwide web. The plaintiff was amongst the first in the field to start a web directory and provide search services. Earlier this directory was called jerry and David s Guide to the Worldwide Web . But later on the name was changed to yahoo! as it fit in with the founder s perception of the internet as an uncivilized terrain. yahoo! web site of the plaintiff has become incredibly popular with the traffic of internet users to the site increasing rapidly. Various services are being offered from different times by the plaintiff. Use of the internationally famous YAHOO! trademark is not restricted only to computer and internet related services but extends to books, magazines and many collateral goods. The plaintiff has licensed the mark YAHOO! for use in connection with candies, chocolate, mints, nuts and such other like products as well. As stated inthe plaint, the annual revenue of Yahoo! for the years 1995 to 2002 is as under:

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