Bennett Coleman has exclusive right over 'indiatimes': HC

The Delhi High Court has held that Bennett Coleman-owned Times Internet has exclusive right over the domain name 'indiatimes' and has restrained a company from using it.

Justice V K Jain said the right to use the word 'indiatimes' vests only with Times Internet, and adoption of the same by Belize Domain Whois Service was a clear case of passing off. He directed the Registrar of the Domain Name to transfer it to Bennett Coleman group.

"It is a clear case of passing off and defendant No.1 (Belize Domain Whois Service) is not entitled to continue using the domain name 'indiatimestravel.Com'. Since the right to use the words 'indiatimes' vests only with the plaintiff (Times Internet), Registrar of the domain name is obliged to transfer the domain name adopted and got registered with it to the plaintiff," the court said.

 

However, the court rejected the contention of the Times Internet for claim of damages, saying that it has failed to prove it.

The direction of the court came over a petition of Times Internet challenging the registration of indiatimestravel.com' by Belize Domain Whois Service with the registrar.

Bennett Coleman group, publisher of Times of India, The Economic Times, Navbharat Times, Delhi Times and Bombay Times, submitted that it has incurred huge expenditure on the website 'indiatimes.com' and has acquired an extensive reputation among the people.

It also said that the mark 'indiatimes' was so associated with it that mere mentioning of it signifies that it is behind the services and products marketed by the name.

"The name/mark 'indiatimes' has come to be associated exclusively with the plaintiff company and the mere mention of the word 'indiatimes' signifies the services and products marketed by the plaintiff through its e-commerce website. The products marketed by this mark/name are known for the quality, authenticity and best prices/bargains," the Times Internet submitted.

Times Internet registered 'indiatimes.com' as its domain name in 1996. It found out recently that the same had been registered in the name of Belize Domain Whois Service by the registrar of the domain name and moved the High court.