SATYAM INFOWAY LIMITED Vs. SIFYNET SOLUTIONS PRIVATE LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The principal question raised in this appeal is whether internet domain names are subject to the legal norms applicable to other intellectual properties such as trade marks The appellant which was incorporated in 1995 registered several domain names like www.sifynet, www.sifymall.com, www.sifyrealestate.com etc. in June, 1999 with the internationally recognised Registrars, viz. the Internet Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organisation (WIPO). The word sify is a coined word which the appellant claims to have invented by using elements of its corporate name, Satyam Infoway. The appellant claims a wide reputation and goodwill in the name Sify.

(3.) The respondent started carrying on business of internet marketing under the domain names, www.siffynet.net and www.siffynet.com from 5th June, 2001. The respondent claims to have obtained registration of its two domain names with ICANN on 5th June, 2001 and 16th March, 2002 respectively.