Are there online infringement cases in India?
Yes. For our case against tatayellowpages.com, we went to the Delhi high court and it passed an order for name to be transferred to us. However, since the order was from an Indian jurisdiction, MSN, the registering authority, did not accept it. They did however respect the foreign jurisdiction order to the extent of keeping the domain name on hold and not allowing the registrant to transfer or sell it. With reference to both online and offline violations, are Indian laws adequate? The laws are adequate; it’s the delay in our systems which is of concern. In addition, we do not have a sufficiently advanced concept of damages, such as those in overseas jurisdictions. We are moving towards it though. In February 2005, the Delhi high court passed a landmark order awarding penal damages – one of the first in the country in trademark and IPR issues – in our case against Fashion ID Ltd, a Chinese company. This company had registered the domain name tatainfotecheducation.com: a misuse of three
