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In Yahoo! Inc v Akash Arora (Delhi High Court, 1999), the defendants argued that Indian trade mark law…

The Court noted that "the services rendered by a person have been included within the scope of passing off", and adopted the view that a domain name serves the "same…

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In Yahoo! Inc v Akash Arora (Delhi High Court, 1999), the defendants argued that Indian trade mark law dealt only with goods, so no passing off action could lie for services offered on a website. The Court rejected this. On what reasoning?

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The Court noted that "the services rendered by a person have been included within the scope of passing off", and adopted the view that a domain name serves the "same function as the trademark" and is not a mere address. The plaintiff's mark was in fact unregistered in India, so registration was not the basis.

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