HC restrains Polish company from using Ranbaxy's domain name
The Delhi High Court has restrained a Poland-based company from using the domain name, which is similar to domestic drug maker Ranbaxy's domain name.
By PTI |
NEW DELHI: The Delhi High Court has restrained a Poland-based company from using the domain name, which is similar to domestic drug maker Ranbaxy's domain name.
"The plaintiff (Ranbaxy Laboratories Ltd) is the registered owner of the domain name. Therefore, it has a legitimate interest in protecting its brand name 'RANBAXY'," Justice B D Ahmed said.
"On the other hand, defendant (foreign company) cannot have any interest because it is not the registered proprietor of the same," he added.
The suit filed through advocate H P Singh stated that Ranbaxy Laboratories is the exclusive proprietor of the trademark Ranbaxy since 1991.
The Polish firm, which does not manufacture or trade in any product under the name Ranbaxy, managed to get the domain name 'www.ranbaxy.eu' registered in its name in Poland. This is identical and deceptively similar to the registered domain name 'www.ranbaxy.com' of Ranbaxy Laboratories, Singh said.
He contended that Ranbaxy Laboratories is one of the largest pharma companies in the country and has global presence with a turnover of around Rs 5,100 crore in 2005. The company is registered in 62 countries including Poland.
It added that the foreign company adopted the said trademark in bad faith in order to derive an unfair advantage as the Indian pharma company never franchised, licensed or authorised the former to use the trademark 'Ranbaxy'.
"The plaintiff (Ranbaxy Laboratories Ltd) is the registered owner of the domain name. Therefore, it has a legitimate interest in protecting its brand name 'RANBAXY'," Justice B D Ahmed said.
"On the other hand, defendant (foreign company) cannot have any interest because it is not the registered proprietor of the same," he added.
The suit filed through advocate H P Singh stated that Ranbaxy Laboratories is the exclusive proprietor of the trademark Ranbaxy since 1991.
The Polish firm, which does not manufacture or trade in any product under the name Ranbaxy, managed to get the domain name 'www.ranbaxy.eu' registered in its name in Poland. This is identical and deceptively similar to the registered domain name 'www.ranbaxy.com' of Ranbaxy Laboratories, Singh said.
He contended that Ranbaxy Laboratories is one of the largest pharma companies in the country and has global presence with a turnover of around Rs 5,100 crore in 2005. The company is registered in 62 countries including Poland.
ADVERTISEMENT
It added that the foreign company adopted the said trademark in bad faith in order to derive an unfair advantage as the Indian pharma company never franchised, licensed or authorised the former to use the trademark 'Ranbaxy'.
Start a SIP with as low as ₹500 with ET Money App!
Download
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
The Economic Times News App for Quarterly Results, Latest News in ITR, Business, Share Market, Live Sensex News & More.
ADVERTISEMENT
