16 Sep 2022

Adobe, Inc vs Namase Patel and Others

Adobe, Inc vs Namase Patel and Others

Facts:

  1. A corporation called "ADOBE," which sells computer software and other services linked to IT, is the plaintiff in this case. The defendant, Namase Patel, registered the domain names "www.addobe.com" and "www.adobee.com," that infringe the plaintiff's trademark.
  2. The case was filed to seek a permanent injunction, passing off, disclosure of confidential information, unfair trade practices, transfer of domain names, rendition of accounts, and damages against Namase Patel.
  3. As a frequent registrant of versions of well-known trademarks, Namase Patel has received numerous restraining orders. The alleged use of objectionable domains was disclosed to the plaintiff. It found a few emails that the defendant accidentally got because the email sender made a spelling mistake and was meant for dissemination within the defendant's organization.

Plaintiff’s Contentions:

  1. The claimant asserted that defendant number one frequently registers variants of well-known trademarks. In accordance with the Arbitral Forum's procedures under the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") of the ICANN, a number of orders have been made against him. Additionally, they used Above.com's services, and all emails sent with a spelling error of the Plaintiff's domain name, such as "...@addobe.com" or "...@adobee.com," were received by Defendant No.1's mailbox thanks to a feature known as catch-all configuration.
  2. Plaintiff further cited a number of orders made by the World Intellectual Property Organization Arbitration and Mediation Centre and the US National Arbitration Forum ("NAF"), in which instructions were given for the transfer or locking of domain names that Namase Patel had improperly registered.

Judgment:

  1. The court determined that the defendant registered a number of different domains on a regular basis. As the Supreme Court declared in Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd., cyber-squatting is not encouraged and is obviously illegal. The registration of trademarks as domain names generates a poor impression.
  2. The Infringing Domains www.addobe.com and www.adobee.com, as well as the registration of any domain name that contains the Plai, are expressly forbidden from being used by Defendant No. 1 and anybody acting on his behalf.
  3. Mumbai Police's Cyber Cell has been instructed to launch an investigation and provide a status report into the person or persons who registered the Infringing Domains www.addobe.com and www.adobee.com, as well as individuals who use the email address namasepatel@yahoo.co.in
  4. The Mumbai Police can hire any other police agency from another city if the need arises. A copy of the current order should be given to the Mumbai Commissioner of Police at the email address cp.mumbai@mahapolice.gov.in in order to file the status report. Ld. Counsel for the Plaintiff shall conduct such follow-up as may be required.
  5. Defendant No.12 shall provide the Court with the name, address, and telephone number of the person or entity who registered the Infringing Domains www.addobe.com and www.adobee.com. The above-mentioned Infringing Domains, www.addobe.com and www.adobee.com, shall be immediately barred, and the same shall remain in effect until the date of the next hearing. The disputed domain names cannot be transferred.