The
Court also restrained NIC from using the domain names
‘nicicecreams.com,’ ‘nicnaturalicecreams.com’ or any other domain name,
email address or handle containing the mark NATURAL as a part.
They
cannot use ‘NATURAL’ or ‘NATURALS’ as metatags or purchasing the same
as keywords under Google’s Adwords programme, it was ordered.
‘Natural’ ice-cream is an Indian brand started in 1984 and now has over 140 franchises in 42 cities across the country.
It
approached the Court arguing that ‘NIC Natural Ice Creams’ started by a
partner of one of its franchises was using the marks deceptively
similar to Natural.
The
Court was told that the defendants dishonestly registered marks
incorporating the ‘NATURAL’ mark, which is an essential part of the
plaintiff's trademark. It was stated that the defendants were aware that
NIC was commonly used as an acronym for the Natural ice cream business.
The
mark also uses an identical shade of green colour as used by the
plaintiffs which enhances the similarity and incorporates the word
‘NATURAL ICE CREAMS’ underneath the mark, the Court was told.
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