Delhi High Court Awards Over ₹2 Crore Damages To Adobe In Trademark Infringement Suit Against Habitual Cyber-Squatter
The Delhi High Court has awarded over two crores as damages in favour of Adobe, a US-based multinational computer software company, while decreeing its suit alleging infringement of its registered trademark 'ADOBE' by one Namase Patel.
The cyber squatter is accused of registering confusingly similar domain names in respect of computer software and other IT related services.
Justice C Hari Shankar permanently restrained Namase Patel and any other person associated with him from registering any domain names which incorporate or use the trademarks "ADOBE", "PHOTOSHOP" or "SPARK" in a manner which could result in infringement of Adobe's marks.
Directing that the access to the websites www.addobe.com and www.adobee.com shall remain blocked, the court said the same be transferred to Adobe, so as to avoid their misuse after expiry of their term.
It further passed a decree of permanent injunction restraining Patel from disclosing any confidential material received by him relating to Adobe to any third party.
Directing that Adobe shall be entitled to the quantum of damages of Rs. 2,00,01,000 as claimed in the suit, Justice Shankar said:
"These damages are intended to be deterrent in nature given the nature of activities of Defendant-1 (Namase Patel) and the fact that he stands recognized, even in foreign jurisdictions, as being an inveterate and habitual cyber-squatter and domain name infringer."
The court noted that Abode has placed on record the orders passed by the National Arbitration Forum and the WIPO Arbitration and Mediation Center, revealing that Patel is "habitually involved in cyber squatting and infringing domain names of various entities."
"These orders clearly indicate that Defendant 1 is an inveterate cyber squatter, whose main sphere of activities involves infringing well-known domain names by using deceptively similar domain names and thereafter indulging in further misuse and infringing activities," Justice Shankar said.
Advocates Shwetasree Majumder, Tanya Varma and Prithvi Gulati represented Adobe
Case Title: ADOBE, INC v. NAMASE PATEL AND OTHERS
Citation: 2022 LiveLaw (Del) 1140