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C. HARI SHANKAR
Western Digital Technologies, Inc – Appellant
Versus
Sumit Pandey – Respondent
JUDGMENT
C. Hari Shankar, J. - CS(COMM) 240/2021
1. The plaint alleges infringement, by Defendant 1, of the trademarks "WESTERN DIGITAL", "WD", "MY PASSPORT" and "MY CLOUD" (referred to, jointly, in the plaint as the "Western Digital Trademarks").
2. The plaintiff claims to be a world renowned manufacturer of storage devices, media player, routers/switches/bridges, solid state drives, software and mobile applications, manufactured and sold under the Western Digital Trademarks.
3. The plaint alleges that Defendant 1 has registered the domain names "wd-my-passport.com", "wdmypassport.co" and "support-wdc.com". In registering these domain names, the plaint alleges that the defendants are attempting to make it appear that they are associated with the plaintiff by incorporating, in the domain names, the plaintiffs registered trademarks "WD" and "MY PASSPORT".
4. The plaintiff claims to have adopted its corporate name and trademark "Western Digital" in July, 1971. It is further asserted that the plaintiffs logo is its corporate logo and is present on all its products, labels and packaging. "Western Digital", it is asserted, is the most essential feature of the plaintiffs corporate name. The p
Trademark infringement by unauthorized use of domain names containing registered trademarks.
The court established that unauthorized use of well-known trademarks through misleading domain names constitutes trademark infringement requiring injunction.
The court established that the unauthorized use of identical trademarks constitutes infringement and passing off, justifying a permanent injunction and awarding damages to the rightful trademark owne....
Trademark infringement occurs when a defendant uses an identical or deceptively similar mark causing confusion to consumers. The plaintiff establishes exclusive rights through registration and extens....
Trademark owners can prevent unauthorized sales of altered goods bearing their marks, affirming the right to trade mark integrity and consumer protection.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The court upheld the trademarks' protection against infringement, emphasizing the role of well-known trademarks in deterring cyber-squatting and unauthorized usage.
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