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IP Case Law › Trade Marks › Acqua Minerals Limited v. Pramod Borse & Anr.

Trade Marks Ragulika IP case note

Acqua Minerals Limited v. Pramod Borse & Anr.

CourtDelhi High Court
BenchHon'ble Justice J.D. Kapoor
CitationAIR 2001 Delhi 463
Judgment date24 April 2001
IP categoryTrade Marks
PartiesAcqua Minerals Limited (Plaintiff) v. Pramod Borse & Anr. (Defendants)

Relevant Acts and provisions

Trade and Merchandise Marks Act, 1958

Section 27(2)

Provisions considered: Common law passing off and cybersquatting, read with Section 27(2) of the Trade and Merchandise Marks Act, 1958.

Brief facts

Acqua Minerals Limited, the registered proprietor of a well-known trade mark for packaged drinking water with a substantial share of the Indian bottled water market, discovered that the defendants had registered the identical name as a domain name without any authorisation or business connection with the plaintiff.

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Keywords

Bad Faith Adoption Cybersquatting Domain Names Passing Off Well-known Trade Mark

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