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HC restrains domestic firm from using brand `Yahoo`
New Delhi, Sept 28: Stung by its brand name being infringed by an Indian firm to promote its beverages and Gutkha, Yahoo Inc approached the Delhi High Court which restrained the domestic firm from using the trade name `Yahoo` in its business.
New Delhi, Sept 28: Stung by its brand name being infringed by an Indian firm to promote its beverages and Gutkha, Yahoo Inc approached the Delhi High Court which
restrained the domestic firm from using the trade name "Yahoo" in its business.
Holding prima facie that the brand name "Yahoo" was
associated with the American internet provider Yahoo Inc,
Justice Manmohan Sarin in an ex-parte interim order restrained
Mumbai-based Sanket Industries Ltd from manufacturing and
marketing its silver mint (supari) under the brand "Yahoo".
Advocate Pravin Anand, appearing for the internet provider contended that the use of brand "Yahoo" by others was illegal as the US company has trade mark rights in it.
He alleged that by using the impugned mark, the local firm was passing off its product as that of Yahoo's as the latter has adopted the trade mark "Yahoo" not only for internet services but extended it to books, magazines and collateral goods.
The internet major informed the court of its earlier judgement and the verdict of courts in other countries where the trade mark "Yahoo" has been protected.
The counsel said despite correspondence the Mumbai-based firm did not stop marketing its silver nut (supari) under the trade name "Yahoo" and diluted the distinctive brand name which is associated with internet company.
Accepting the contentions, the court said "the plaintiff (Yahoo Inc) has made out good prima facie case for grant of ad interim restraint".
However, the court said some time should be given to the Mumbai firm before restraint order is made effective and issued notices to them for October 14 saying the restrained order would be effective from October 15.
Bureau Report
Advocate Pravin Anand, appearing for the internet provider contended that the use of brand "Yahoo" by others was illegal as the US company has trade mark rights in it.
He alleged that by using the impugned mark, the local firm was passing off its product as that of Yahoo's as the latter has adopted the trade mark "Yahoo" not only for internet services but extended it to books, magazines and collateral goods.
The internet major informed the court of its earlier judgement and the verdict of courts in other countries where the trade mark "Yahoo" has been protected.
The counsel said despite correspondence the Mumbai-based firm did not stop marketing its silver nut (supari) under the trade name "Yahoo" and diluted the distinctive brand name which is associated with internet company.
Accepting the contentions, the court said "the plaintiff (Yahoo Inc) has made out good prima facie case for grant of ad interim restraint".
However, the court said some time should be given to the Mumbai firm before restraint order is made effective and issued notices to them for October 14 saying the restrained order would be effective from October 15.
Bureau Report