Cediff Communications registered the domain name "Cediff.com" with Net Solution on 15th February, 2017. On 31st January, 2018 Syberboot registered the domain name "Cardiff.com" with Net Solutions. Cediff communications (

Domain names are the human friendly form of internet addresses. A domain name is the unique name that identifies a website. Domain names are used to establish a unique identity. Organizations can choose a domain name that corresponds to their name, helping Internet users to reach them easily. Each website has a domain name that serves as an address which is used to access the website. It is common place for traders to have their e-mail address and use the same in respect of their goods or services as trade names. The Registrar of Trademarks will permit domain names to be registered as trademarks if otherwise registrable. In India, domain names may be granted protection as a trademark or service mark under the provisions of Trade Marks Act, 1999 provided that the domain name fulfils all requirements to be properly registered under this Act. Once registered, the registered proprietor of a domain name will have all those legitimate rights and authorities which are commonly availed by the owners of registered trademarks or service marks in India. This also includes the right to sue for infringement or passing off. For infringement: Any person violating a domain name which is registered as a valid and subsisting trademark under the Indian Trademark Law will be held liable for infringement of Trademark under section 29 of the Trade Marks Act, 1999. For passing off an owner of a trademark who has not registered his mark is also entitled to protection of his mark if he is the prior user, his mark has acquired distinctiveness and there is misrepresentation by anyone else with regard to his goods which is likely to deceive the relevant public. In the instant case, it can be said that the internet is undoubtedly one of the important features of the information revolution. It is increasingly used by commercial organisations to promote themselves and their product and in some cases to buy and sell. The domain name enables them to have an email address and website address. In the instant case, both the plaintiff and the defendant have a common field of activity. Both operated on the net and provided information of a similar nature, both offered a chat line. Both the marks and domain names are almost similar. There is every possibility of the internet user getting confused and deceived in believing that both domain names belong to one common source and connection although the two belong to two different enterprises. it can be said that the defendants have adopted the domain name "cadiff" with the intention to trade on the plaintiff's reputation. The plaintiff is entitled to trademark protection of its domain name.