My company owns a trademark in words say "xyz". We also have registered domain name www.xyz.com. We have found other website with domain name www.indianxyz.com have got itself registered. He is also in same business in which we are. We are based in Mumbai and he is based in delhi. My question: 1) Whether we can sue him for trademark violation. Our trademark has good recognition in the market. 2) Under which court jurisdiction, the suit can be filed? Waiting for your reply and obliged. Regards Malav Shah
This seems to be domain name dispute. The appropriate forum for logding the complaint is WIPO (World Intellectual Property Organisation). This organisation is specifically established to deal disputes pertaining to domain names (websites). You may lodge the complaint in this forum and adjudicate the dispute. This is the first option.
Since you are a registered trademark proprietor you may file a suit before the mumbai court or delhi court and seek orders to transfer or remove the website owned by your opponent. This is the second option.
I agree with Krishna's sugestion but Mr. Malav, you have mentioned that your trademark is registered or not? Secondly, you have to decide that you, only, want to stop other person's website or you have objection to its business also.
If you have only objection to domain name then you must have to go before WIPO i.e. http://www.wipo.int/amc/en/domains/index.html
If you are really concern for restraining that person from using as trademark, in that case you may file suit in Mumbai if, you are registered proprietor otherwise you have to file in court where cause of action arised.