The case involves the Bombay-based Sarda Trading Company, which
markets its tea products under the name 'Yahoo'. Yahoo!, which
operates an Indian portal, apparently alleged that Sarda and its
business and packaging partners were attempting to pass their
products off as being associated with the internet giant.
Yahoo! is reported to have further alleged that the use of its
brand name by Sarda diluted the distinctiveness, uniqueness and
exclusivity of its trade mark and logo.
Four years ago, the US company successfully sued an Indian
entrepreneur who had registered yahooindia.com, as well as several
other domain names containing the word 'Yahoo."
In that case, the Indian High Court ruled that the Yahoo! mark
was well established and that the defendant could not escape
liability by using disclaimers. Following the decision, the
yahooindia.com domain was transferred to Yahoo!.
The latest case, however, is more ambiguous since it is not
directly related to the internet activities of Yahoo!. In its
lawsuit, the company is apparently claiming that its trade mark
extends to products such as books, clothing and computer
accessories.
Yahoo! reportedly claims that it will sign co-branding
agreements with various firms, including ice cream maker Ben
&Jerry's and the retailer 7-Eleven.
The awarded court order, which blocks the use of the Yahoo! mark
by Sarda, is only temporary and will be valid until the full case
is heard next month.
