Yahoo! Inc. v. Akash Arora & Anr

JK Muthu
Sep 13
2 min read

Cybersquatting and passing off via domain name deception—landmark recognition of domain names as protectable under Indian trademark law.

Short Description

In this landmark 1999 Delhi High Court case, Yahoo! Inc. sued Akash Arora for registering and using the domain “yahooindia.com,” offering services similar to those of Yahoo!, thereby misleading the public and capitalizing on Yahoo!’s reputation. The court held that domain names—even if not registered in India—can attract the same legal protection as trademarks and granted an injunction.

Facts

· Parties:

· - Petitioner: Yahoo! Inc. (owner of the well-known mark/domain 'Yahoo!' worldwide)

· - Respondent: Akash Arora, who registered and used 'yahooindia.com' to offer similar

services

· Background:

· - Yahoo! had trademark registrations in 65–69 countries but not in India.

· - Akash Arora’s website mimicked Yahoo!’s design, layout, and brand, leading to brand confusion.

Findings

Legal Issues: - Whether a domain name can be protected under Indian IP law. - Whether registering a deceptively similar domain amounts to passing off or trademark infringement.Court’s Analysis: - The court ruled that domain names function akin to trademarks and deserve equal protection. - This was an act of cybersquatting leading to consumer confusion and misappropriation of goodwill. - Passing off elements were met: misrepresentation, reputation, and potential damage.Judgment: - The court granted an interim injunction restraining Akash Arora from using 'yahooindia.com' or similar domains. - Yahoo!'s global reputation sufficed for protection even without Indian registration.