The Delhi High Court recently decreed a suit pertaining to infringement of Yonex Co., Ltd.’s (“Yonex”) YONEX trade mark and the copyright in the YONEX label. Aggrieved by the registration of the domain name YONEXINDIASTORE.COM, Yonex, a leading worldwide manufacturer and distributor of sports goods & equipment under the YONEX name and mark had filed a suit against unknown defendants earlier this year.
Yonex claimed that the mark YONEX has been registered in India since 1980 and also claimed copyright in the artistic work comprising YONEX. It averred that YONEX products are sold in India through various dealers and wholesalers as well as major e-commerce platforms. Further, the mark YONEX was declared to be a well-known mark by the Intellectual Property Appellate Board in 2020 based on the immense goodwill and reputation attained by the mark in the minds of the general public.
When the suit was first listed before the Court, it had directed Yonex to implead the Domain Name Registrar of the domain name YONEXINDIASTORE.COM as a party to the suit and had, thereafter, passed an ex parte ad interim injunction. Observing the well-known nature and global use of the YONEX mark, the Court directed that the domain name shall continue to remain blocked and locked by the Domain Name Registrar and shall be transferred to Yonex. It, accordingly, decreed the suit and declared the mark YONEX as a well-known mark in terms of Yonex’s prayers.
Yonex Co., Ltd & Ors. v. John Doe & Ors., CS(COMM) 293/2022 Delhi High Court, Decision dated September 23, 2022