Facts:

• Times Internet Ltd. (Plaintiff) ran various publications like Times of India, Economic Times, Navbharat Times etc. Its predecessor Bennett Coleman & Co. had created an internet portal ‘Indiatimes.com’ and developed a website ‘http://www.indiatimes.com’ whose domain name was set to expire on 21.11.2016.
• The company started offering various services on this portal including online shopping, games, etc. The trademark and logo ‘INDIATIMES’ were coined by the predecessor on 22.11.1996 for this portal. Acquiring a reputation, many started availing its services. On 01.04.2000, the internet business of Benette Coleman including the portal ‘indiatimes.com’ was assigned to the Plaintiff.
• Defendant No.1 (M/s Belize Domain Whois Service Ltd. Co) and Defendant No.2 (InterCosmos Media Group, Inc) registered 'Indiatimestravel.com' on 21.07.2005 using Defendant No.3 as the registrar. The domain generated revenue through sponsored links but lacked genuine services.The Plaintiff had sought an injunction against the Defendants’ use of ‘Indiatimestravel.com’ and had requested the surrender of all related materials/documents along with damages to the tune of Rs. 20 Lakhs.
  

Main Issue:

• Whether the domain registered by the Defendant company to earn profits from the popularity of the Plaintiff’s company and, thus, made the company liable for passing off?