The Delhi High Court granted Adobe 2 crore in damages and prohibited cybersquatters from violating its trademark.
The suit concerns itself with “ADOBE”, “SPARK”/”ADOBE SPARK” and “PHOTOSHOP” trademarks, registered in favour of the plaintiff and, as per the plaint, infringed by Defendant Namase Patel.
The plaintiff claims to have adopted the word marks “ADOBE” as early as in 1986, and to have been using it, in respect of its products and services, worldwide since then. The trademark is stated to have been derived from the “Adobe Creek” in Los Altos, California, which flowed behind the houses of the founders of the plaintiff company.
By an order, the Court already recognized “ADOBE” to be a well-known trademark within the meaning of Section 2(zg) of the Trademarks Act, 1999. By virtue thereof, and by operation of Section 29(4) of the Trademarks Act, the mark “ADOBE” becomes entitled to a higher degree of protection.
The single judge bench of Justice C. Hari Shankar observed that orders of different institutions clearly indicate that Defendant is an inveterate cyber squatter, whose main sphere of activities involves infringing well-known domain names by using deceptively similar domain names and thereafter indulging in further misuse and infringing activities.
It was further observed that the infringing domains www.addobe.com and www.adobee.com have been blocked.
The bench ordered that the Defendant as well as his employees, servants, agents, representatives and other associated with him shall stand permanently restrained from registering any domain names which incorporate or otherwise use the plaintiff’s trademark “ADOBE”, “PHOTOSHOP” or “SPARK” in a manner which would infringe the plaintiff’s registered trademarks or would otherwise infringe the said trademark.
It further added that the plaintiff shall be entitled to the quantum of the damages claimed in the suit of ₹ 2,00,01,000/-. These damages are intended to be deterrent in nature given the nature of activities of Defendant-1 and the fact that he stands recognized, even in foreign jurisdictions, as being an inveterate and habitual cyber-squatter and domain name infringer.
Case title: Adobe, Inc v/s Namase Patel and Others
Citation: CS(COMM) 159/2022