Mumbai High Court Rejects Application Against ICICI Regarding Domain Name Registration.Business Editors/High-Tech Writers MUMBAI, India--(BUSINESS WIRE)--March 10, 2000 In a landmark judgement in the cyber (1) From "cybernetics," it is a prefix attached to everyday words to add a computer, electronic or online connotation. The term is similar to "virtual," but the latter is used more frequently. See virtual. world, a one judge bench presided by Hon'ble Justice D.K. Deshmukh of the Mumbai High Court today rejected the application filed by Investsmart India Limited, a subsidiary of IL&FS Limited, against ICICI ICICI Industrial Credit and Investment Corporation of India Limited (NYSE NYSE See: New York Stock Exchange :IC and IC.D), the premier financial institution in India. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Mr. Virendra Trivedi, the counsel appearing on behalf of ICICI, "an application made by the Plaintiffs above-named for an ad-interim injunction order inter-alia restraining ICICI from operating any business and/or selling or offering for sale or advertising or in any manner dealing in any services or goods on the Internet or otherwise or from in any manner using in relation to the Internet or otherwise, the word/mark/domain name "WWW WWW or W3: see World Wide Web. (World Wide Web) The common host name for a Web server. The "www-dot" prefix on Web addresses is widely used to provide a recognizable way of identifying a Web site. .INVESTMARTINDIA.COM (1) (Computer Output Microfilm) Creating microfilm or microfiche from the computer. A COM machine receives print-image output from the computer either online or via tape or disk and creates a film image of each page. " or any word/mark/domain name which is identical with or deceptively similar to or a colourable imitation of, the Plaintiffs' mark and/or registered domain name "WWW.INVESTSMARTINDIA.COM" was rejected by His Lordship lord·ship n. 1. often Lordship Used with Your, His, or Their as a title and form of address for a man or men holding the rank of lord. 2. The position or authority of a lord. 3. the Hon'ble Mr. Justice D.K. Deshmukh today." Mr. Trivedi said that while rejecting the said application the Hon'ble Court considered the following submissions made on behalf of ICICI:
a) That the application filed by Investsmart India Ltd. does not
make out any prima facie case against ICICI Ltd. and that there
already existed a prior registrant in the name of
"WWW.INVESTSMART.COM" owned by a third party prior in time.
b) That since the domain name of the plaintiffs,
"WWW.INVESTSMARTINDIA.COM" was purely descriptive in nature and
not distinctive (such as "WWW.REDIFF.COM", "WWW.YAHOO.COM",
etc.), it would in fact hurt the public at large if a single
party was given an unfair monopoly over the use of the words
"invest", "mart", and "India".
c) That 89 examples of international precedents wherein similar
sounding domain names are simultaneously existing and are owned
by different parties.
The judge passed a detailed order in the matter, which will be made available in a few days. For further queries: Contact Mr. A.P. Singh on +91-22-6536262 or email to singhap@icici.com |
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