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Home > Business > PTI > Report

Indian firm restrained from using 'Yahoo' brand name

Ranjit Kumar Sinha in New Delhi | February 18, 2003 15:05 IST

Yahoo! one of the most commonly used websites by millions worldwide, got a major relief when the Delhi high court stopped an Indian tea company from using the brand name to market its product.

Upholding the trans-border reputation of US-based Internet service provider, Justice Manmohan Sarin said, "Yahoo Inc has made out a prima facie case for the grant of an ad-interim injunction."

The American firm had sued the Mumbai-based Sarda Trading Company, its business partner and packaging partner, for infringing the trademark and logo to market branded tea.

Restraining the Indian firm and its entrepreneurs from marketing, distributing or selling the tea under the brand name 'Yahoo', the court issued notices to them and fixed the next date of hearing on the matter for March 10.

Advocate Pravin Anand, appearing for Yahoo pressed for injunction contending that in the past also the US Internet service provider had successfully prosecuted an entrepreneur in the high court by getting the domain name 'Yahoonida.com' transferred and even in other countries the courts have protected the brand name ‘Yahoo' from being robbed.

To stop the Indian tea company from using its brand name, the counsel submitted that Yahoo! trademark and trade name was not restricted to computer and internet related services, but extends to books, magazines and collateral goods including clothing and computer accessories.

Yahoo Inc said it has licenced the mark for use in connection with candies, chocolate, mints, ice cream etc pursuant to co-branding agreements with reputed multinational firms such as Ben & Jerry's and 7-Eleven.

Yahoo Inc submitted that it got active to restrain the Mumbai-based firm from using its trademark after discovering that the company has filed a trade mark application for the mark 'Yahoo' and on investigation it was found that their packaging of the tea contained exactly the same logo.

Anand alleged that the tea company was inspired by the global reputation of the Internet firm and adopted the brand to pass off its goods as that of Yahoo's.

The counsel said that by adopting the mark Yahoo for the tea, the Indian company diluted the distinctiveness, uniqueness and exclusivity attached to the trademark.

The American company said the mark Yahoo was a coined word and unauthorised use by others would cause immense damage to it.
© Copyright 2003 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.



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