News Release
March 10, 2000
Mumbai High Court rejects application against ICICI regarding domain
name registration
In a landmark judgement in the cyber world, a one judge bench presided
by Hon'ble Justice D.K. Deshmukh of the Mumbai High Court today rejected
the application filed by Investsmart India Limited, a subsidiary of IL&FS
Limited, against ICICI Limited (NYSE: IC and IC.D), the premier financial
institution in India.
According to Mr Virendra Trivedi, the counsel appearing on behalf of
ICICI, "an application made by the Plaintiffs above-named for an ad-interim
injunction order inter-alia restraining ICICI from operating any business
and/or selling or offering for sale or advertising or in any manner dealing
in any services or
goods on the Internet or otherwise or from in any manner using in relation
to the Internet or otherwise, the word/mark/domain name "WWW.INVESTMARTINDIA.COM"
or any word/mark/domain name which is identical with or deceptively similar
to or a colourable imitation of, the Plaintiffs' mark and/or registered
domain name
"WWW.INVESTSMARTINDIA.COM" was rejected by His Lordship the Hon'ble Mr.
Justice D.K. Deshmukh today".
Mr. Trivedi said that while rejecting the said application the Hon'ble
Court considered the following submissions made on behalf of ICICI:
a) That the application filed by Investsmart India Ltd does not make
out any prima facie case against ICICI Ltd and that there already existed
a prior registrant in the name of "WWW.INVESTSMART.COM" owned by a third
party prior in time.
b) That since the domain name of the plaintiffs, "WWW.INVESTSMARTINDIA.COM"
was purely descriptive in nature and not distinctive (such as "WWW.REDIFF.COM",
"WWW.YAHOO.COM", etc.), it would in fact hurt the public at large if a
single party was given an unfair monopoly over the use of the words "invest",
"mart", and "India".
c) That 89 examples of international precedents wherein similar sounding
domain names are simultaneously existing and are owned by different parties.
The judge passed a detailed order in the matter, which will be made available
in a few days.
For further queries: Contact Mr. A.P. Singh on +91-22-6536262
or email to singhap@icici.com