Passing off protection for domain names can extend to Internet services where a similar mark is likely to confuse users.

A domain name used for Internet-based services can function as an identifying mark and receive protection against passing off where it has acquired goodwill and reputation. A highly similar name, even with only the addition of "India," was treated as likely to cause confusion by suggesting a common source or association, and the court rejected arguments based on dictionary meaning, user sophistication, and disclaimer as insufficient to remove deception. Passing off was treated as a common law remedy available for services as well as goods, and Indian registration was not decisive for that protection. On that basis, temporary restraint was granted against use of the impugned domain name and deceptive variants, as well as copying of programme content.

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Issues: Whether the plaintiff was entitled to ad interim injunction restraining the defendants from using the domain name and trade name 'Yahooindia.com' or any deceptively similar mark, on the ground of passing off and deceptive similarity in Internet-based services.

Analysis: The plaintiff's domain name and mark had acquired substantial reputation and goodwill, and the dispute concerned services offered on the Internet, where a domain name functions as an identifying mark and is capable of protection against passing off. The use of a highly similar name, with only the suffix 'India' added, was held likely to create confusion and deception by suggesting a common source or connection. The Court treated passing off as a common law remedy applicable to services as well as goods, and held that registration in India was not decisive for such protection. The objections based on the dictionary meaning of the word, the sophistication of Internet users, and the disclaimer were rejected as insufficient to dispel the likelihood of confusion.

Conclusion: The plaintiff established a prima facie case for temporary injunction, and the defendants were restrained from using 'Yahooindia.com' or any identical or deceptively similar mark, and from copying the plaintiff's programme contents.

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