Yahoo Inc. Vs. Omkar Cottage Industries: Trademark Infringement Case

Yahoo Inc. Vs. Omkar Cottage Industries: Trademark Infringement Case. Case Details:
-Citation: 2024 Latest Caselaw 7078 Del
-Court: Delhi High Court
-Date: October 23, 2024
-Presiding Judge: Hon’ble Ms. Justice Mini Pushkarna
-Case Number: CS(COMM) 909/2022
Parties:
Plaintiff: Yahoo Inc.
Represented by: Mr. Pravin Anand and others.
Defendant: Omkar Cottage Industries
No appearance by the defendant.
Claims by the Plaintiff: Yahoo Inc. sought a permanent injunction against Omkar Cottage Industries for the following:
-Trademark infringement.
-Passing off and unfair competition.
-Tarnishment and dilution of the plaintiff's well-known mark, "YAHOO!".
-Damages and rendition of accounts of profits.
Key Facts:
1. Yahoo Inc. owns the "YAHOO!" trademark, internationally recognized and declared well-known in India.
2. The plaintiff’s mark covers diverse goods and services, including clothing, food products, digital services, and more, and has been extensively used since 1994.
3. In late 2022, the plaintiff discovered that Omkar Cottage Industries was marketing a product called "YAAHOO! Mouth Freshner" on platforms like IndiaMART.
4. The defendant's mark, "YAAHOO!", was deceptively similar to "YAHOO!" and was used to benefit from the plaintiff's reputation.
5. The defendant’s trademark application for "YAAHOO! Mouth Freshner" under Class 31 was previously refused.
Procedural History:
-On December 23, 2022, an ex-parte ad interim injunction was granted, restraining the defendant from using the mark.
-The defendant failed to appear despite service and was proceeded ex-parte on September 26, 2023.
Evidence Submitted:
1. Affidavit and deposition of Col. J.K. Sharma (PW-1), detailing the global reach, recognition, and extensive use of the "YAHOO!" trademark.
2. Documents proving the plaintiff's rights, registrations, and the defendant’s infringing activities.
3. Independent investigations revealed that the defendant had been using the mark for nine years.
Court Findings:
1. The defendant's use of "YAAHOO!" was a clear case of trademark infringement and passing off.
2. The defendant's actions were dishonest and aimed to capitalize on the plaintiff's goodwill.
3. The defendant’s conduct warranted the award of compensatory and punitive damages to deter future infringers.
Judgment:
1. A permanent injunction was granted in favor of Yahoo Inc., restraining the defendant from using the infringing mark.
2. Compensatory damages of Rs. 27,00,000/- and costs of Rs. 8,92,451/- were awarded to the plaintiff.
Significance: This case reaffirms the protection of well-known trademarks under Indian law and emphasizes the role of punitive damages as a deterrent against trademark infringement.

Case Details:

-Citation: 2024 Latest Caselaw 7078 Del

-Court: Delhi High Court

-Date: October 23, 2024

-Presiding Judge: Hon’ble Ms. Justice Mini Pushkarna

-Case Number: CS(COMM) 909/2022

Parties:

Plaintiff: Yahoo Inc.

Represented by: Mr. Pravin Anand and others.

Defendant: Omkar Cottage Industries

No appearance by the defendant.

Claims by the Plaintiff: Yahoo Inc. sought a permanent injunction against Omkar Cottage Industries for the following:

-Trademark infringement.

-Passing off and unfair competition.

-Tarnishment and dilution of the plaintiff's well-known mark, "YAHOO!".

-Damages and rendition of accounts of profits.

Key Facts:

1. Yahoo Inc. owns the "YAHOO!" trademark, internationally recognized and declared well-known in India.

2. The plaintiff’s mark covers diverse goods and services, including clothing, food products, digital services, and more, and has been extensively used since 1994.

3. In late 2022, the plaintiff discovered that Omkar Cottage Industries was marketing a product called "YAAHOO! Mouth Freshner" on platforms like IndiaMART.

4. The defendant's mark, "YAAHOO!", was deceptively similar to "YAHOO!" and was used to benefit from the plaintiff's reputation.

5. The defendant’s trademark application for "YAAHOO! Mouth Freshner" under Class 31 was previously refused.

Procedural History:

-On December 23, 2022, an ex-parte ad interim injunction was granted, restraining the defendant from using the mark.

-The defendant failed to appear despite service and was proceeded ex-parte on September 26, 2023.

Evidence Submitted:

1. Affidavit and deposition of Col. J.K. Sharma (PW-1), detailing the global reach, recognition, and extensive use of the "YAHOO!" trademark.

2. Documents proving the plaintiff's rights, registrations, and the defendant’s infringing activities.

3. Independent investigations revealed that the defendant had been using the mark for nine years.

Court Findings:

1. The defendant's use of "YAAHOO!" was a clear case of trademark infringement and passing off.

2. The defendant's actions were dishonest and aimed to capitalize on the plaintiff's goodwill.

3. The defendant’s conduct warranted the award of compensatory and punitive damages to deter future infringers.

Judgment:

1. A permanent injunction was granted in favor of Yahoo Inc., restraining the defendant from using the infringing mark.

2. Compensatory damages of Rs. 27,00,000/- and costs of Rs. 8,92,451/- were awarded to the plaintiff.

Significance: This case reaffirms the protection of well-known trademarks under Indian law and emphasizes the role of punitive damages as a deterrent against trademark infringement.