Telecom — India Trademark Cases
3 decisions indexed
Page 1 of 1 · 3 total
Tata Sky Limited v.National Internet Exchange Of India (NIXI)
Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.
Pr. Commissioner Of Income Tax-2, Chandigarh v.M/s Mobisoft Tele Solutions P. Ltd.
The appeal challenged the Assessing Officer's order disallowing royalty payments made by M/s Mobisoft Tele Solutions P. Ltd. to Tarun Mohan for using the brand name 'phoneytunes.com'. The court held that since Tarun Mohan merely licensed the trademark, and the company was a separate legal entity, the payment of royalty was permissible as business expenditure.
Bharati Cellular Ltd. v.Jai Distillers P. Ltd.
The Bombay High Court ruled in favor of Bharati Cellular Ltd., finding that Jai Distillers P. Ltd. was engaging in passing off and copyright infringement. The court determined that the defendant's use of the identical word mark 'AirTel,' combined with an absolutely identical artistic label design and color scheme, constituted dishonest copying. Despite the goods being different (telecom services vs. alcoholic beverages), the similarity led to a clear likelihood of consumer confusion, warranting an injunction.
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