In Titan Industries Limited v. Prashanth Koorapati & Others, the former, the Indian owners of the trademark TANISHQ, which
had become well-known for jewelry and watches, filed a suit for
passing-off and sought a permanent injunction restraining Prashanth
Koorapati from using their registered domain name "tanishq.com"
on the Internet.
Titan commenced the production and marketing of jewelry and watches
in 1994 under the trademark TANISHQ, obtaining registrations in
23 countries. Prashanth Koorapati registered the domain name "tanishq.com"
with Network Solutions Inc. (NSI). Titan disputed Prashanth Koorapati's
domain name registration on the grounds that the registration
would cause confusion and deceive the public and thus divert Titan's
business to Prashanth Koorapati. Titan argued that Prashanth Koorapati
would thus be able to earn profits based on the goodwill and well-established
reputation of Titan's TANISHQ mark, thereby causing financial
loss to Titan and damage to the goodwill and established world-wide
reputation of Titan's TANISHQ mark.
The Delhi High Court issued an ex parte ad interim injunction
restraining Prashanth Koorapati from registering a name, or operating
any business, manufacturing, selling or offering for sale, or
advertising any goods under the name TANISHQ or any other name
deceptively similar thereto; or including the word TANISHQ as
an essential feature of a domain name on the Internet; and from
conducting any activities with the name TANISHQ that may lead
to passing off the business and goods of Prashanth Koorapati as
those of Titan. During the pendency of the dispute NSI placed
Prashanth Koorapati's domain name registration "on hold" and the
web page was never activated. Prashanth Koorapati has not appealed
the Court's decision.
As the first such case in India, the Delhi High Court has in effect
recognized that domain names and trademarks are analogous and
has held that the unlawful use and registration of domain names
containing the trademarks of third parties will not be permitted.

