Yahoo INC. v. Firoz Nadiawala & ors
[2014 SCC OnLine Del 2510 : (2014) 58 PTC 352
Corum: Justice Rajiv Sahai Endlaw.
Forum: Hon’ble Delhi High Court
Case No.: CS (OS) No. 906/2009
Date of Decision: March 4, 2014.

Note: The arguments of the Defendants were not mentioned as the case was proceeded against ex parte.

Facts:

  • Yahoo Inc., the Plaintiff, was a corporation based in the United States, known for its web directory and search services, initially founded in 1994 as "Jerry and David’s Guide to the World Wide Web" and later changed to "Yahoo!" It held several trademarks, including "Yahoo!" and "Y!," used in various products and services globally.
  • The Firoz Nadiadwala & Ors, Defendants, were involved in the production of a cinematographic film titled "YAHOO," which the Plaintiff alleged infringed their well-known trademark and constituted passing off.
  • The Plaintiff filed a suit before the Delhi High Court seeking permanent injunction, damages, and delivery of infringing materials, alleging that the Defendant's use of the mark "YAHOO" would cause confusion and dilution of its trademark.

Main issues

  1. Whether Yahoo had acquired the status of a well-known trademark in India?
  2. Whether the Defendant has infringed the trademark of the Plaintiff?