Prior use and goodwill justified interim restraint against misleading domain-name use of the COKE marks.

Prior registration and extensive use of the marks COKE and COKE STUDIO, together with substantial sales and publicity, were treated as sufficient to show strong goodwill and reputation. On that basis, the Delhi HC found a prima facie case of infringement and passing off where the impugned marks were used in a domain-name context likely to mislead consumers into believing an association with the plaintiffs. The balance of convenience favoured restraint because the defendant had not commenced use of the domain name, and refusal of protection was likely to cause grave and irreparable harm. Ad-interim injunction relief was therefore warranted against use, dealing with, and transfer of the disputed domain name.

---

---

Issues: Whether the plaintiffs had established a prima facie case, balance of convenience, and likelihood of irreparable injury for grant of ad-interim injunction restraining the defendant from using the impugned marks as a domain name, trademark, trade name, metatag, or otherwise, and from dealing with the disputed domain name.

Analysis: The plaintiffs showed prior registration and extensive use of the marks COKE and COKE STUDIO, together with substantial sales and publicity, indicating strong goodwill and reputation. The impugned use of the marks in a domain-name context was treated as capable of misleading consumers into believing an association with the plaintiffs, thereby supporting a claim of infringement and passing off. On the material before the Court, the plaintiffs established a prima facie case. The Court also found that the balance of convenience favoured the plaintiffs because the defendant had not commenced use of the domain name, while refusal of restraint was likely to cause grave and irreparable harm. Ad-interim protection was therefore warranted.

Conclusion: The plaintiffs were held entitled to interim restraint against the defendant's use and transfer of the disputed domain name and related use of the marks.

---