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RUMA PAL, P.VENKATARAMA REDDI
Satyam Infoway LTD. – Appellant
Versus
Sifynet Solutions Pvt. LTD. – Respondent
Based on the provided legal document, the complaint was allowed and the plaintiff succeeded in the case. The court set aside the decision of the lower court and affirmed the decision in favor of the plaintiff, granting the relief sought. The court found that the plaintiff had established sufficient evidence of prior use, reputation, and goodwill in the trade name "Sify," and that the defendant's use of a similar domain name was likely to cause confusion and misrepresentation among the public. Consequently, the court concluded that the balance of convenience favored the plaintiff, and the appeal was allowed with the original order reinstated (!) .
JUDGMENT
Ruma Pal, J.-Leave granted.
2. The principal question raised in this appeal is whether internet domain names are subject to the legal norms applicable to other intellectual properties such as trade marks? The appellant which was incorporated in 1995 registered several domain names like www.sifynet, www.sifymall.com, www.sifyrealestate.com etc. in June 1999 with the internationally recognised Registrars, viz the Internet Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organisation (WIPO). The word Sify is a coined word which the appellant claims to have invented by using elements of its corporate name, Satyam Infoway. The appellant claims a wide reputation and goodwill in the name Sify .
3. The respondent started carrying on business of internet marketing under the domain names, www.siffynet.net and www.siffynet.com from 5th June 2001. The respondent claims to have obtained registration of its two domain names with ICANN on 5th June, 2001 and 16th March, 2002 respectively.
4. Coming to know of the use of the word Siffy as part of the respondent s corporate and domain name, the appellant served notice on the respondent to cease and des
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