Background:
Oracle America Inc., a corporation incorporated under the laws of California, USA, and part of the Oracle Group of companies, filed a suit against Sonoo Jaiswal and Others for trademark infringement and passing off. The suit sought a permanent injunction against the use of the trademark "JAVATPOINT" and the domain name "www.javatpoint.com," alleging that these infringe Oracle's trademark "JAVA." Oracle also sought damages and other reliefs.
Issues:
Whether the use of "JAVA" in the domain name "www.javatpoint.com" constitutes trademark infringement.
Whether the use of the trademark "JAVATPOINT" amounts to passing off.
Judgment:
The High Court of Delhi upheld the decision of the learned Single Judge, finding that the use of "JAVA" in the domain name "www.javatpoint.com" and the trademark "JAVATPOINT" infringed Oracle's trademark "JAVA." The Court reasoned that the domain name and trademark were likely to cause confusion among internet users, leading them to believe that there was an association between the appellants and Oracle. The Court also noted that the appellants had changed their corporate names to "TPOINT Global Ltd." and "TPOINT Tech Pvt. Ltd.," but this did not affect the infringement of the domain name.
Conclusion:
The appeal was dismissed, and the impugned judgment was upheld. The Court found that the use of "JAVA" in the domain name and trademark by the appellants constituted an infringing use, and there was no ground to interfere with the learned Single Judge's decision.
Key Legal Points:
The Court emphasized that a domain name, which incorporates a trademark, can serve as a business identifier and may lead to trademark infringement if it causes confusion among users.
The Court referred to the Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd. case, which established that domain names can be subject to trademark law principles, including passing off.
The Court also cited the Internet Corporation for Assigned Names and Numbers (ICANN) policy, which prohibits the registration of domain names that are identical or confusingly similar to trademarks.
Outcome:
The appeal by Sonoo Jaiswal and Others was dismissed, and the injunction against the use of "JAVA" in their domain name and trademark was upheld.
Case Citation: Sonoo Jaiswal Vs Oracle America:09.07.2024 : FAO(OS) (COMM) 98/2024: 2024 DHC:5168: Delhi High Court: Vibhu Bakhru and Sachin Dutta: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
