The Delhi High Court on Monday directed payment of Rs. 5 lakh as damages to US-based Yahoo Inc. for trademark infringement by a website called ‘yahookochi’. The Court restrained the website from using its trademark or any other deceptively similar mark.
“There is also no plausible explanation for the adoption of the identical mark as part of trading name and domain name of the defendants. Further, the defendants cannot have any justification for the adoption of the mark YAHOO. The potentiality of harm is enormous on the internet as the plaintiff has a very wide internet presence and operates various YAHOO formative websites,” Justice Manmohan observed.
Yahoo Inc. had brought to the notice of the Court that the Defendants had refused to change their name despite issuance of a Cease and Desist notice, reasoning that they had spent huge amount of money and time in advertising the mark in question.
Ruling in favour of the Plaintiff, the Court opined that the adoption of YAHOO mark by the Defendants was dishonest, as evident from the fact that the font used by the Defendants was similar to what was used by Yahoo Inc. till 2014.
Justice Manmohan, thereafter, directed payment of compensatory damages of Rs. 2 lakhs and punitive damages of Rs.3 lakhs.
Read the Judgment Here