IP laws are very dynamic in nature and are important in maintaining the good will of the entity and promotion of business environment in the country in era of technology any globalization. The nature of Intellectual property is intangible having tangible expression, the objective of trademark is to maintain the quality, originality of product and to protect the good will of the entity. DNS[i] was introduced as a alternative to the all numeric conventional IP address.

Domain name & trade mark although sound same, however, are distinct but both are interrelated. The necessary checks of administrative compliance for getting a domain name registered and a process of keeping check and balance has been put through the legislative framework of Trademark Act, 1999 and ICANN set up UDR policy. Trademark uniqueness has been marked by having distinct form of identity.

The act of infringement of TM and the various acts constituting to be infringement have been vividly described through Trademark Act, 1999 and various landmark judgments. Remedies are available for domain infringement in form for civil, criminal and administrative remedies. Jurisdiction for filing TM Infringement suit/case in appropriate forum has been prescribed in the TMA, 1999 has been elucidated in the research paper.

The difference between infringement of registered trade mark and passing off through multiple statutory legal framework and various precedents has been analyzed. An honest attempt has been made in this research paper in analyzing the holistic concept of infringement of DN and various remedies for infringement of trademark available a lucid manner.

Introduction
A trade mark is intended to serve the purpose of acknowledging the source or origin of g/s to which that particular mark belongs. The historical evolution of growth of trade marks is linked to the evolution of commercial revolution and growth in business, which had a huge impact on the facilitation in increasing supply chains by promoting mass scale manufacturing and efficient distribution of products across the globe.

Due effect of globalization and increase in online trading there was emergence of various companies and they had their specific products and in order to protect their identity from other identical products in the market the concept of trade mark had developed. The world of advertisement gave rise to issue of copying of well-known trade mark with ulterior motives of deception for gaining huge amounts of profits and reputation on the basis of others trade mark. Same as trade mark, in 21st century the most used mark by the people of the world is domain name, with increase of carrying out business through online platform, internet has brought substantive revolution in the market structure.

Thus with the growth of such global rise of companies and its products there was need felt for uniform law for granting exclusive right for using the trade mark and protection against infringement. The functions of domain names and other TM are of identification of the product, source of the item, quality of the good and advertisement of the product.[ii] Trade mark essentially consists of the mark of origin, its source and assurance of quality, varieties of services provided. The owner of domain names aims to protect their trade mark from unscrupulous fraud and deceit and guard protective shield in terms of protection through various intellectual property rights law.

Objectives of Trade Mark Law

The main aim of TM Law is for g/s is for recognition of the origin of the product and assurance of quality to the public at large. Trade Mark Law also needs to ensure protection u/d Article 19 of the Constitution of India for the ensuring the protection of trade and profession which is the ensured by trade mark law by protecting the reputation of the entity and online business. Trade mark Act, 1999 aims to facilitate registration and provide efficient protection of the trade mark of their g/s provided (online/offline).

It also aims for preventing the fraudulent, online cybersquatting and unscrupulous use of domain name and prevents its misuse. Dau Dayal vs The State Of Uttar Pradesh [iii] It was held that:
The aim of Trade mark law is for the protection of the rights of people involved in manufacturing and selling of g/s possessing distinct trademarks as to those people who are involved in manufacturing and selling of g/s by invading them through usage of counterfeit and fraudulent trade mark.

Various landmark judgements have been delivered by Supreme Court and other High courts justifying the objective and intent of Trade mark Law. Cluett Peabody & Co. Inc. vs. Arrow Apparals [iv] Bombay High Court critically observed that the objective of trade mark Law is to act as a protective shield of the proprietary rights of the Registered Trade mark holder for keeping intact the reputation, nature, quality of the g/s provided and good-will of the entity. Trade mark Rules, 2002 are also notified for better implementation of the Act.[v]

The purpose a trademark serves in a physical environment; domain name serve in a virtual commercial environment – identification, differentiation and creation of a brand identity.[vi]

What is Trade mark™?

A trade mark is a unique symbol, writing pattern, phrase, heading, label, logo, domain name or word which is used by an sole-proprietor, business organization, companies or other legal entity to idiosyncratically identify the source of their products or g/s to customers and consumers, and to differentiate their products or goods or services from other entities. Until, the person uses the said mark w/o registration, he can used ™ sign with the said mark. Sec 2(m) of The Trade Marks Act, 1999 states what ‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, shape of goods, numeral, packaging or combination thereof;

A patent protects an invention. A copyright protects an artistic/creative work.

What does a trade mark protect?

A trade mark encourages sole-proprietor business, companies, corporation, business, online commercials and firms to invest in their g/s brand by preventing others from using it.

What is Domain Name and Relationship with TM?

Internet domain name is a combination of typographic words, symbols and characters etc., used to explain the location of a precise location online. In short it means the official address of the business website. The address is known as URL or Uniform Resource Locator. The domain name is one of the most important features of small businesses who wanted to establish their name around the world through internet[vii]. The businesses and organization or companies can’t have similar domain name, e.g., www.ebay.in, www.flipkart.com.

To understand the domain name, one needs to understand what it consist of.

It consist of 3 different parts which are as follows:

• ‘www’ means world wide web.
• ‘almamaterstores’ is the name one chooses for the site, which is identifiable with the name of the business.
• ‘.com’/’.in’/’.net’ are known as domain name and it indicates different level domain name of one’s organization or business
• ‘.in’ for business registered in India, ‘.us’ for trad registered in United States of America, ‘.gov’ indicates for governmental sites etc.

Sometimes, well-known trademarks are used as domain names by cheaters so as to deceive the consumers. This is called CYBERSQUATTING.

Relation between Trade Mark and Domain Name:

The registration of domain name system started on the basis of First Come First Serve basis. The registration authority which was formally known as INTERNIC[viii] didn’t took responsibility of checking and protecting ownership of the name. Due to this cybersquatting started which resulted in to Meta Society trade mark owners together claiming their IP rights on registered TM on to their ‘domain name’ which created DNS.

The Domain Name System (DNS) helps users to find their way around the cyberspace[ix]. Each computer on the Internet has a exceptional address- just like a mobile number- which is a rather complicated thread of numbers, which is called its IP address (IP stands for Internet Protocol). IP addresses are hard to memorize.

The DNS makes use of the Internet easier by allowing a familiar cord of letters (the domain name) to be used in its place of the esoteric IP address. So instead of typing 207.152.149.3, you can type www.internic.net. It is a mnemonic device that makes addresses easier to memorize.

Domain Names are the most important to online business firms because of the following reasons:

1. Promotion of the business throughout the world
2. Building up of consumer base online and offline by way of advertisement on other web portals.
3. Establishing credibility of the website and the business on the cyberspace.
4. Easy access to consumers and prospective customers[x].

In one of the landmark case of Satyam Infoway Ltd v. Sifynet Solutions Pvt. Ltd.[xi], the issue before the Apex Court was whether domain names are recognizable as intellectual property, such as trademarks. The Hon’ble Supreme Court laid down that:
A domain name is easy to remember and use, and is chosen as an instrument of commercial enterprise not only because it facilitates the ability of consumers to navigate the Internet to find websites they are looking for, but also at the same time, serves to identify and distinguish the business itself, or its goods or services, and to specify its corresponding online Internet location. A domain name not only serves as an address for intranet communication but also identifies the specific internet site, and distinguishes specific businesses or services of different companies. Subsequently, the domain name as an address must, of necessity, be peculiar and exceptional and where a domain name is used in connection with a business, the value of maintaining an exclusive identity becomes critical.[xii]

Following are the Different Types of Domain Name:

1. Top-Level Domains(TLDs)[xiii] - Appear in domain names as the cord of letters following the last (rightmost) ., such as net in www.example.net.. Most frequently used TLDs are .com, .net, .edu, .jp, .de, etc. TLDs are classified into 2 broad types: generic top-level domains (gTLDs) and country-code top-level domains (ccTLDs).
   
   1. Generic Top-Level Domain (gTLDs)- Generic top-level domain name which identifies the domain class, it is associated with (.com, .org, .edu, etc).
   2. Country Code Top-Level Domain (ccTLD)- A two-letter domain extension, i.e. ‘.uk’ or ‘.fr’ or ‘.in’, given to a country, geographic territory or location.
       
2. nTLDs- Refers to new top-level domain names that are created towards brands organizations and g/s, as they’re more tailored, bendable and relevant. Some of the e.g., of nTLDs include .voyage, .ninja, .cool, .app, etc.

The Hon’ble High Court of Bombay, in the most recent case of Hindustan Unilever Limited v Endurance Domains Technology LLP & Ors.[xiv] held that:
A domain name is simply an easy-to-remember or mnemonic for an internet protocol address. The IP address is a string of numbers in 4 sets detached by a period. Being the address for internet communication that identifies a specific intranet site, domain name is a sort of ‘business identifier’, particularly in the context of larger mass of commercial activity taking place online rather than in brick and mortar stores. Domain names are regulated by domain name registrars under TMA, 1999, from whom one can purchase a particular domain name and obtain an address to their website.

Procedure to Get Domain Name and Other Trade Marks Registered
The procedure to get the domain name registered is same as trademark, upon fulfilling the condition required to be registered trade mark. The following are the stages to get the trademark registered:
STAGE I- Search of trade mark in existence
Search of trade mark is not compulsory u/d the provision of TMA, 1999, but it is advisable for safety purpose.

STAGE II- Filing of TM application from
One who wants to get TM registered has to file TM application before the registrar of Trade Mark Department through e-portal.

STAGE III- Getting TM numbers
Within 2 days of filing of TM application, one receives TM number from TM Department duly filed on e-portal to the registrar of Trade Marks.

STAGE IV- Examination Report.
Within 12 month of filing of TM application, one will receive examination report from Trade Marks Department. In examination report, the registrar of TM will examine the application as per the provision of TMA, 1999. The one, who has filed application form, has to reply the examination report and solve the objection raised by the registrar of Trade Marks. Moreover, one also has to file documentary evidence for the usage of trade mark in form of affidavit.

STAGE V- Hearing
In this stage one has to argue the application on merit on which the registrar will decide whether or not to grant registration.

STAGE VI- Publication/advertisement of TM in trade mark journal
Once the registration is granted by the registrar of trade mark, the trade mark will be published/ advertised in Trade Mark Journal (TMJ). TMJ is a magazine published by Central Government i.e. TM Department. Within 4 months from the date of publication, if any person has any opposition, such person can file notice of opposition against your TM. If any opposition is filed then opposition proceedings will begin. If there is no objection then within 4 months one receives ‘Certificate of Registration. A registered TM is designated with encircled R symbol ® (not in case of Domain Name).

STAGE VII- Opposition Proceeding
It is very difficult to let ones good self u/dstand the opposition proceedings. Moreover, opposition proceedings depend from case to case. After hearing both the parties, registrar of TM shall pass order whether or not to register the mark.

STAGE IX- Renewal of Trade Marks
As per new Trade Marks Act, 1999 one has to renew the trade marks every 10 years. For renewal of TM after every 10 years one has to submit following documents:

1. Name of the proprietor, partner and director as the case may be
2. Official address of the applicant with contact numbers
3. Trading style, if it is company, Memorandum and Articles of Association is required.
4. If it is partnership firm whether the partnership firm is registered or unregistered one. (If it is registered partnership firm, kindly send copy of certificate of registration of firm from the Registrar of Firms).
5. Whether it is word or label mark one has to send 15 labels for each application.
6. The period from which the trade mark is used (period of user).
7. Specification of goods or service u/d which the application is to be applied for registration.

In the case, Commissioner of Income Tax v. Finlay Mills Ltd.[xv], the SC held that the expenditure incurred on registration of TM is capital expenditure and thus allowable deduction u/d the Income Tax Act.

In Ramdev Food Products Ltd. V. Arvind Bahi Rambai Patel [xvi] , the Apex Court held that the registration of TM is envisaged to remove any confusion in the minds of the consumers. If thus, the g/s are sold which are produced from 2 sources, the same may lead to confusion in the mind of consumer.

In the given situation it may amount to fraud on the public. Two persons are not entitled to the same TM, unless there exists an express license in that behalf. The person on whose name it is registered, he shall have a statutory remedy in terms of Sec 21 of Trade& Merchandise Marks Act, 1958. Same as a trade mark can’t have two different owner, domain name also can’t be owned by two different online business organisation.

Basics of Trade Marks Infringement
As Per WIPO: The increase in importance of international market and trade has led to malpractice which can no longer be adequately tackled with the conservative tactics for the protection of trade mark against the use of counterfeiting and confusing identical marks and signs on contending g/s.[xvii] The violation or unauthorized usage of a mark which is similar, confusingly identical or deceptively alike to one which is registered.

Due to diversity and multiplicity of laws rules of unfair competition isn’t part of trade mark law, as most of the countries had adopted specific laws on unfair competition or consumer protection. As for different trademarks infringement there are different specified provisions in the Paris Convention or Consumer Protection Laws, to deter misleading advertisement, counterfeiting identical marks and imitation of trade marks.[xviii] Thus, when a right is given to registered owner it does mean to use it in any way in relation to the g/s or services for what it is registered, it also mean the right to introduce the g/s to the market u/d the TM.

Infringement and Protection in India:
Internationally, domain names are regulated through WIPO and ICANN. World Intellectual Property Organization has developed forums for the development and implementation of IP policies internationally, through treaties among the member states. WIPO has also set up a system of registration of domain names with accredited registrars of different nations and has also devised the Uniform Domain Name Disputes Resolution Policy (UDNDR Policy)[xix]. Under the policy adopted by ICANN, a trademark holder can commence a proceeding against a domain name registrant, if he considers that the registration of such domain name infringes its trademark.[xx] [xxi]

Sec 29 of The Trade Marks Act, 1999 describes Trade Mark Infringement[xxii] as:
A registered trade mark is infringed:

1. Being used by a person who is not entitled to use such a TM u/d the law
2. Uses in course of trade
3. A mark that is similar deceivingly identical to the TM
4. In relation to g/s in respect of which the TM is registered and in other such manner
5. As to render the use of the mark likely to be taken using as TM.

Use of TM as a trade name or part of the trade name dealing in similar g/s for which registered TM is already registered. Use of the TM in advertisement if such advertising takes unfair advantage of and is contrary to the honest practice in commercial matters, or is detrimental to its distinctive character or against goodwill of the TM. Even, oral use of TM can institute infringement.

A registered TM is also infringed by use of a mark when due to:

• Its identity with registered TM and similarity with g/s covered by registration; or
• Its similarity with registered TM and identity with g/s covered by registration; or
• Its identity with both registered TM and g/s covered by registration; or
• Similarity of Trade name with registered TM; or
• Use of registered TM in advertisement, knowing such use takes unfair advantages is against goodwill of registered TM.

TMA, 1999 provides protection to registered TM; the Passing Off of an unregistered trademark is actionable u/d common/general law to protect the goodwill attached to the unregistered TM. The legal protection of a TM is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), u/d the Ministry of Commerce and Industry.[xxiii]

The High Court of B’Bay in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors[xxiv], observered that with a passing off dispute between www.shaadi.com and www.secondshaadi.com. The court ruled in favour of the respondant and held that the word shaadi is generic and usually descriptive.

The court held that:
acquiring a inferior meaning would necessarily imply that the word has transcended its original connotation and references exclusively in the public mind the particular holder of the mark; the primary meaning must have been lost. This was not the case here, said the court, as the only principal meaning was the destination on the internet. [xxv]

Remedies Available Against Domain Names Infringement
The proprietor of the registered domain name can institute legal proceedings against the infringer stating unfair competition. There are 3 types of legal proceedings which can be initiated against unauthorized use of registered domain name.

Civil Remedies u/d Sec 135 of Trade Marks Act, 1999:

1. Injunction / stay against the use of the domain name and other trade mark.[xxvi
2. Damages can be claimed against tortious injury.
3. Accounts handing over.
4. Handing over of profits.
5. Custody of infringing material.
6. Appointment of local commissioner by the court of law for custody/sealing of infringing material and accounts
7. Application for granting temporary/ad interim ex-parte injunction/ stay u/d Order 39 Rule 1&2 of Civil Procedure Code, 1908.
8. Delivery of infringing marks and labels for destruction.
9. Anton pillar order.[xxvii]

Note: Any civil proceedings can be initiated by the intellectual property owner before the District Court in whose jurisdiction the owner resides.

Criminal Remedies u/d Secs 103 and 104 of Trade Marks Act, 1999:

1. Infringement of any Intellectual Property is a cognizable offence
2. There should be an occurrence of a criminal activity for encroachment of enlisted trade mark.
3. Imprisonment for a term not less than 6 months which may extend upto 3 years.
4. Fine not less than Rs. 50000/- which may extend upto Rs. 2,00,000/- in case of false application of trade mark and selling of g/s to which false trade mark has been applied.
5. A registered owner can file a FIR with police on the infringement. Search and seizure of any such products by police which calls for action against infringement of the trade mark.

Note: Police should obtain Certificate of Opinion from the registrar, before any such action.

Administrative Remedies:

Opposing the registration of a deceivingly alike domain name when the TM Registry is in the procedure of taking into consideration registering it can protect the earlier ™. The TM Registry can also be moved for removal of deceivingly alike domain name if registered.

Jurisdiction for Filing Trade Marks Infringement suit/case

The jurisdiction of commencement of the proceedings against the infringement is also decided in line with the provisions prescribed u/s 134 of the Trade Marks Act, stating the jurisdiction of filing suit for infringement. The domain name or other TM owner may have to institute infringement suit before District Court. The appropriate District Court which is one falling within the local limits u/d whose jurisdiction, the person instituting the suit, i.e. the owner of TM resides or carry on the commercial/business activities[xxviii].

The Commercial Courts were introduced, where these Courts exercise jurisdiction when the suits are related to commercial matters, such as IPR i.e. trademarks, patent etc., matters. In all these cases, the territorial jurisdiction is determined in accord with Sec 20 of the CPC, 1908[xxix]. U/d the common/general law, territorial jurisdiction is determined on the basis of the following instances:

• The place where the defendant resides;
• The place where the defendant carries out business; or works for gain; or
• The place where atleast a portion of the cause of action arises.

In the Hindustan Times (HT) domain name infringement, a leading national news broadcasting agency, found an body in New York City infringing upon its TM rights by using the domain name www.hindustan.com which HT had already registered as a TM in India. The court exercised extra-territorial jurisdiction over the defendant based in New York City and granted stay/injunction against its use of the domain name www.hindustan.com.

The defendant filed a declaration suit in New York City. But, the Delhi High Court held that since the TM were registered in India; the New York District Court didn’t have jurisdiction over the matter, and also granted an anti-suit injunction against the defendant from pursuing the suit in New York City[xxx].

The Supreme Court of India in Indian Performing Rights Society Limited v Sanjay Dalia [xxxi], and the Delhi High Court in Burger King Corporation v Techchand Shewakramani[xxxii], explained that the provisions of Section 134 of the Trade Marks Act are in addition to Section 20 of the Civil Procedure Code. As a last word of caution, Section 134 can also be used, as a weapon by a registered trade mark owner to drag a respondent to a location which may be inconvenient to the respondent. Though, the courts in their wisdom, have always decided to prevent such an abuse of the law.

Difference between Infringement of Registered Trade Marks and Passing Off

The distinction between a suit based on infringement and that based on passing off was explained by the Supreme Court in Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories [xxxiii]. It was explained that "while an action for passing off is a common law remedy being in substance an action for deceit, that is, a passing off by a person of his own goods as those of another, that is not the gist of an action for infringement.

The action for infringement is a statutory remedy conferred on the registered proprietor of a registered TM for the vindication of the ‘exclusive right to the use of the TM in relation of those goods’. The use by the respondent of the trade mark of the plaintiff is not essential in an action for passing off, but is the sine qua non in the case of an action for infringement."

It was further noticed that "where the evidence in respect of passing off consists merely of the colorable use of a registered trade mark, the essential feature of both the actions might coincide, in an action of infringement, the plaintiff must, no doubt, make out that the defendant's mark is so close either visually, phonetically or otherwise and the Court should reach the conclusion that there is an imitation in which event it would be established that the plaintiff's rights are violated.

The grant of an injunction is a right expressly provided by the TMA, 1999.
The rules governing the grant of stay/injunctions in trade mark cases are based on the provisions and rules contained in from Sections 36 to 42 of the Indian Specific Relief Act, 1963 and Order 39 Rules I and II read with Section 151 of the Code of Civil Procedure, 1908 (Century v. Roshanlal) [xxxiv].
 

Point of Discussion	Infringement	Passing Off
Provision	U/d S. 29 of Trade mark Act, 1999 states about various concerning aspects of infringement as u/s 29(1)	No explicit provision u/d law, however n-number of judicial precedent
Type of Remedy	Statutory Remedy	Common Law Remedy
Registration	It is a prerequisite condition	It is not required
Proof	Plaintiff is only required to show deceptive similarity, as there is presumption of confusion.	Apart from proving similarity, the plaintiff is also required to prove confusion in public and the likelihood of injury to the plaintiff’s reputation.
Jurisdiction	The registered owner/ user of g/s’s trade mark can institute the suit where they actually & willingly reside or carry his business or work for gain/loss.	Section 20 of CPC would apply [xxxv].

A registered trade mark which is infringed by a person who is not a registered property owner or a person using it by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively alike to the trade mark in relation to g/s in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark[xxxvi].

U/s 29(9)[xxxvii] the infringement can also be done by the verbal use of the words as well as by the visuals. The essential principle behind the tort of passing-off is that A man is not to sell his g/s u/d the pretence that they are the g/s of another man.[xxxviii]

Some of the basic characteristics of passing off are:

• Misrepresentation
• To prospective or ultimate consumers of g/s
• Made by a person in the course of trade
• It causes physical damage/ injury to the person by whom the action is instituted.
• To damage or injure the reputation, good will, business of other person.

In the case, Cadbury India Limited and Ors V. Neeraj Food Products [xxxix], the High Court of Delhi explained the difference between passing off action and an action for trade mark infringement as u/d:

• An action for trade mark infringement is a legislative remedy and secondly, an action for passing off is a common law remedy. The use of the trade mark of the plaintiff, by the defendant, is also a pre-qualification in the matter of an action for infringement while it is not a necessity of an action for passing off
• In an action for infringement of the plaintiff’s trade mark, it is immaterial that the outside wrapping, outer covering and other printed marks on the g/s create from a different source than that of a registered property owner’s trade mark. The liability of the defendant in such a case may be supreme. Nonetheless, in case of passing off of trade mark, the defendant may escape responsibility if he/she can show that the material added by him/her is adequate to differentiate hi/hers g/s from that of the plaintiff’s g/s.
• In an action for infringement, the plaintiff on account of it being a registered trade mark owner in dispute claims to have an exclusive right for usage of the mark pertaining to that g/s. Nevertheless, a passing off by a person of his g/s as those of another, in essence, is an action of treachery.

In a recent case, S. Syed Mohideen v. P. Sulochana Bai [xl], the Supreme Court stated that passing off right is a wider remedy than that of infringement. This is because the passing off doctrine operates on the general principle that no person is entitled to represent his or her trade as the trade of another person.

The said action of deceitfulness is maintainable for diverse reasons other than that of registered rights which are allocated rights u/d the Trade mark Act, 1999. Also, held that when there is more than one owner of the trade mark, there is no exclusive right of usage of one owner between each other. Which means if there are 2 person registered for a single domain name, both of them can’t sue each other for infringement of TM.

Conclusion
The premise of protection of a trademark is that no man is entitled to sell another’s mark under the guise that it belongs to him. The need for passing off arises whenever there is a requirement to protect an unregistered trademark whereas infringement actions arise in case of registered trade mark.

Hence, it is profusely clear that domain names serve as key elements in trade and any business activity on the internet, mainly, for those businesses and trade, who work only on the online platform, protection of their domain names is of vital importance. Since, domain names excel geographical regions and boundaries, an international law on protection of domain names is crucial, in addition to the protection offered by Trade Mark Law in various jurisdictions individually.

The important essence of domain name infringement is bad faith registration and to make sure that the persons or the business reputation and goodwill goes down. For an action for infringement of trade mark to prevail, there has to be an identical imitation of the marking causing considerable confusion in the minds of the users.

End-Notes:

1. Trademark issues related to Internet Domain Names, Shraddha Tiwari,
   https://blog.ipleaders.in/trademark-issues-related-to-internet-domain-names/
2. JT McCarthy, Trade marks and Unfair Competition, Vol. 1, Publisher, New York, 1973, p.86
3. Dau Dayal v. The State Of Uttar Pradesh , 1959 AIR 433
4. Cluett Peabody & Co. Inc. vs. Arrow Apparals (1998) 18 PTC 156 (Bom).
5. History And Evolution Of The Trade mark System, < https://www.bananaip.com/ip-news-center/history-and-evolution-of-trade mark/> Last Accessed on 30th April, 2021
6. Domain Names & Cybersquatting- Unravelling The Unethical Realms Of Piggybacking, Meghna Mishra and Arjit Benjamin, https://www.mondaq.com/india/trademark/1014984/domain-names-cybersquatting--unravelling-the-unethical-realms-of-piggybacking?login=true
7. Caroline Wilson, Internationalized Domain Name Problems and Opportunities C.T.L.R. 2004, 10(7), 174-181
8. FAQs- Domain Name, http://www.internic.net/faqs/domain-names.html visited on 22/11/1014
9. Domain Name Disputes and Cybersquatting in India – Part I, Pratibha Ahirwar, https://www.mondaq.com/india/trademark/783958/domain-name-disputes-and-cybersquatting-in-india-part-i
10. G. Kaufmann-Kohler and T. Schultz, Online Dispute Resolution: Challenges for Contemporary Justice, 2004 ed., p.36.
11. (2004) 6 SCC 145
12. Protection Of Domain Name As A Trademark, Hemant Goyal and Mohit Porwal, https://www.mondaq.com/india/trademark/327272/protection-of-domain-name-as-a-trademark
13. https://clarivate.com/markmonitor/domain-name-terms/
14. [(2020) SCC Online Bom 809]
15. Commissioner of Income Tax V. Finlay Mills Ltd (AIR 1951 SC 464
16. Ramdev Food Products (P) Ltd. v. Arvind Bhai Rambai Patel, 2006 (8) SCC 726
17. Introduction to Trade Mark Law& Practice- The Basic Concepts, WIPO Training Manual, Para 1.8, Pg 12 , 2nd Ed, (Geneva)
18. Supra no 8
19. The Management Of Internet Names And Addresses: Intellectual Property Issues, Final Report of the WIPO Internet Domain Name Process, April 30, 1990, https://www.wipo.int/amc/en/processes/process1/report/finalreport.html
20. Supra No. XVI
21. http://www.mondaq.com/images/article_images/521372b.jpg
22. The Trade Marks Act, 1999, Sec 29 Trademark Infringement
23. Trademark Infringement and remedies available to owner, https://www.legalzoom.com/articles/how-to-avoid-trademark-infringement
24. MIPR 2017(1) 0161
25. Domian Name and Trade Mark Rights In India, https://spicyip.com/2016/12/the-not-so-exclusive-shaadi-bombay-high-court-ruleson-domain-names.html
26. http://www.legalserviceindia.com/article/article/trademark-infringement-and-remedies-1740-1.html
27. What is Infringement of Trademark?, Harsha Asnani, httsp://blog.ipleaders.in/what-is-infringement-of-trademark/amp/#_ftn3
28. Trademark Infringement and remedies available to owner, CS Prachi Prajapati, https://www.legalwiz.in/blog/trademark-infringement-and-its-remedies
29. Jurisdiction For Filing TM Infringement Cases, RK Dewan & Co, https://www.lexology.com/library/detail.aspx?g=855c17d4-d7dc-42fa-86af-0792ec170d79
30. Jurisdiction for filing trademark infringement cases, RK Dewan & CO, https://www.rkdewan.com/articledetails.php?artid=184
31. Indian Performing Rights Society Limited v Sanjay Dalia, Civil Appeal Nos. 10643-10644 of 2010
32. Burger King Corporation v Techchand Shewakramani, CS (COMM) 919/2016 & CC (COMM) 122/2017
33. Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories, AIR 1965 SC 980
34. Century v. Roshanlal, AIR 1978 DEL. 250
35. Parul Malik- Difference between Passing Off and Infringement of Trade mark, https://www.mondaq.com/india/trade mark/902156/difference-between-passing-off-and-infringement-of-the-trade-mark?login=true#
36. Trade mark Act, 1999, Section 29
37. Trade mark Act, 1999, Section 29(9).
38. (Perry v Truefitt (1842)).
39. [142 (2007) DLT 724].
40. ((2016) 2 SCC 683).