ARTICLE
4 November 1998

Domain Name - Tatayellowpages.Com Restrained By Delhi High Court

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Anand & Anand

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Key practice areas: IP, Patent, Trademarks, Copyright, Litigation, data protection; healthcare & pharmaceuticals; licensing & franchising; technology, media and telecommunications; customs, white-collar crime About Us: Anand and Anand is a pre-eminent full-service Intellectual Property law firm based in New Delhi, India. Founded in 1923, the firm works with leading businesses, brands, institutions, and personalities across the globe for their intellectual property needs. The firm offers full range of legal services for acquisition, commercialization, building of IP portfolios and enforcement of intellectual property rights in the areas of patents, designs, trademark, copyrights, trade secrets, domain names, geographical indications, data privacy, and more. Ranked highly on leading benchmarking tables, the firm has been instrumental in paving the way for a stronger IP regime in India and is committed to pushing the envelope when it comes to change in substantive and procedural law, and helping clients monetize
India Information Technology and Telecoms
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After the Tanishq case, the Delhi High Court on 30th October 1998 passed an interim injunction order restraining the use of the domain name Tatayellowpages.com.

In a suit brought by Tata Sons Limited, the parent company of the Tata Group, along with Tata Donnelley Limited, a group company that brings out Tata Yellow Pages in India, the plaintiffs' complained that the defendants had registered the domain name Tatayellowpages.com with NSI. The plaintiffs were established in the year 1917 and are one of the top group of companies in India carrying on business in almost all conceivable goods and services.

The group turnover is around US$ 10 billion.

The plaintiffs hold trade mark registrations in more than 20 classes of the Trade Marks Act. The trade mark TATA is virtually a household name in India and the court held that the said mark cannot be used as a part of a domain name by an unauthorized third party.

This article is correct to the best of our knowledge as at the time of its publication. However, it is written as a general guide. Therefore specialist advice should be always be sort.

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