vishal (owner) 18 June 2011

Passing off case - domain name

I need some suggestion .... some firm has booked a domain name very similar to mine and spending a lot of oney on promotions....i booked my domain 2 years earlier than him..and using it from then...we r both in online business....i applied for the trademark 18 months back but its under process since it takes a lot of time to get registered....this is doing harm to my business....i posted him a legal notice and gave him 2 weeks to reply but he didnt reply.....what should i do now?...should i file a case in court so that court stops him using the domain name....what action he can take?....please advise...Thanks

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Hina Gupta (LL.M. Student) 18 June 2011

if you all ready have given a legal notice to him than by the next step you should move on to the court file a suit against him. After an order by the Hon'ble Court he have to respond, as he will have no other option.

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varun kathuria (proffessional) 27 June 2011

If the domain name is exactly the same or pronunciation is exactly comes to your domain. Them it is clearly a case of passing - off. I would suggest you to don't waste your time on reply. Consult some IP expert there and file an civil suit of passing off against the party. And demand for claims, which have affected your business. NOTE: - you should have relevant documents before filing the suit.

for any assistance contact me.

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