Lawstreet Journal

Delhi High Court Grants Ex-Parte Injunction In Favour Of 'ADOBE' In Trademark Infringement Suit

Lawstreet Journal 20 Mar 2022 2:21am

Image courtesy: Lawstreet Journal Judiciary Delhi High Court Grants Ex-Parte Injunction In Favour Of 'ADOBE' In Trademark Infringement Suit

The Delhi High Court has granted ADOBE an ex-parte injunction in a trademark infringement case against Namase Patel, who had registered the domain names and for computer software and other IT services.

The plaintiff claimed that the defendant had registered the Infringing Domains for several years, so engaged in wholly illegal behaviour.

Justice Pratibha M Singh examined the Defendant's list of domain names as well as different orders issued by the US National Arbitration Forum and other judicial bodies, concluding that the Defendant appeared to be a regular cyber squatter who registered a variety of domain names.

On behalf of the plaintiff, it was argued that Namase Patel, Defendant No. 1 in the case, was a habitual registrant of variations of well-known trademarks and that the Arbitral Forum had issued several orders against him as part of the ICANN's Uniform Domain-Name Dispute-Resolution Policy proceedings (UDRP).

It was claimed that, despite the fact that the Infringing Domains were registered in 2004, the Plaintiff only discovered the use of the Infringing Domains when some emails intended for internal distribution were discovered to have been received by the Defendants due to a spelling error made by the sender of the emails. 

The Court was informed that the forensic audit, which was done after the emails did not bounce back to the sender, indicated that Defendant No.1 had used an infrastructure platform owned by WWW.ABOVE.COM, which was an IT infrastructure company, to host Infringing Domains.

“Defendant No.1 has registered the impugned… Continue Reading...

Tagged: Trademark Infringement   Trademark   Adobe  
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