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DELHI HIGH COURT
C.HARI SHANKAR
Western Digital Technologies, Inc. – Appellant
Versus
Sumit Pandey – Respondent
| Table of Content |
|---|
| 1. infringement of trademark rights (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. fraudulent misrepresentation of services (Para 7 , 8 , 9 , 10) |
| 3. prayer for injunctions and domain blocking (Para 11 , 12) |
| 4. court's preliminary findings of infringement (Para 13 , 14 , 15 , 16) |
| 5. decree in favor of plaintiff (Para 17) |
| 6. final order and disposal of application (Para 18 , 19) |
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 plaintiff's registered trad
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Trademark infringement by unauthorized use of domain names containing registered trademarks.
Trademark owners can prevent unauthorized sales of altered goods bearing their marks, affirming the right to trade mark integrity and consumer protection.
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....
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....
The court upheld the trademarks' protection against infringement, emphasizing the role of well-known trademarks in deterring cyber-squatting and unauthorized usage.
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....
Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes.
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