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PRATHIBA M. SINGH
Yonex Co. , Ltd – Appellant
Versus
John Doe – Respondent
JUDGMENT
Prathiba M. Singh, (Oral), J. - This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiffs for permanent injunction restraining infringement of trade mark, copyright, passing off, rendition of accounts and other reliefs in respect of their registered mark 'YONEX'. The said mark is used by the Plaintiffs for various sporting equipment, sporting goods, rackets, shuttlecocks, sporting apparels, etc. The Plaintiffs are aggrieved by the registration of the domain name www.yonexindiastore.com by unknown parties qua which reliefs are sought.
3. The matter was taken up for consideration by this Court on 11th May, 2022. On the said date, the Court had directed the Plaintiffs to implead the Domain Name Registrar ('DNR') of the impugned domain name as Defendant No.4 in order to enable the Court to pass orders. Thereafter, the Court had passed an ex parte ad interim injunction order dated 12th July, 2022 in the following terms:
4. This Court has perused the record. Clearly, the averments made in the plaint make out a case for the grant of an interim injunction against the use of the mark 'YONEX', as part of the domain name 'www.yonexindiastore.com
The central legal point established in the judgment is the protection of well-known trademarks from infringement and passing off under the Trade Marks Act, 1999.
The judgment establishes the importance of protecting intellectual property rights, territorial jurisdiction in infringement cases, and the enforcement of injunction orders through ICANN regulations.
In trademark infringement cases, courts cannot grant broad injunctions without identifying specific infringing domains; reliefs must target clearly defined trademarks as per Sections 28(1) and 29 of ....
The central legal point established in the judgment is the permanent restraint on the Defendants from using the mark 'AAJ TAK' or any deceptively similar mark for media, news, entertainment, or simil....
The main legal point established in the judgment is that the Defendant's use of a deceptively similar mark to the Plaintiff's registered trademark amounted to trademark infringement and passing off, ....
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 emphasized the importance of strictly abiding by the injunction order and not extending it to any other domain names not covered by the order.
The court upheld that the plaintiff, as the registered proprietor of the well-known trademark 'CROMA', is entitled to injunction against the defendants' similar use and domain name registration, esta....
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