Case Note & Summary
The case involves three criminal applications filed by Rajesh Dalal (Vice President), Make My Trip India Pvt. Ltd., and Deep Kalra (CEO) seeking quashing of criminal proceedings initiated by Ezeego One Travels & Tours Ltd. for alleged trademark infringement. The complainant alleged that the applicants registered domain names similar to its trademark 'Ezeego1', thereby committing offences under the Trade Marks Act, 1999. The Bombay High Court analyzed the complaint and found that there was no allegation of dishonest intention on the part of the applicants. The court held that the essential ingredients of criminal offences under Sections 63, 103, and 104 of the Trade Marks Act were not made out. The court emphasized that domain name disputes are essentially civil in nature and that criminal proceedings should not be used as a tool for harassment. Consequently, the court quashed the criminal proceedings against all applicants.
Headnote
A) Criminal Law - Quashing of FIR - Dishonest Intention - Trade Marks Act, 1999, Sections 63, 103, 104 - The court examined whether criminal proceedings for trademark infringement by domain name registration can be sustained without evidence of dishonest intention - Held that mere registration of similar domain names without dishonest intention does not constitute criminal offence; civil remedy is more appropriate (Paras 1-18).
Issue of Consideration
Whether criminal proceedings for alleged trademark infringement by registration of similar domain names can be sustained against directors and officers of a company in the absence of dishonest intention.
Final Decision
The court allowed the applications and quashed the criminal proceedings against all applicants.
Law Points
- Criminal proceedings for trademark infringement require dishonest intention
- Civil remedy is more appropriate for domain name disputes
- Quashing under Section 482 CrPC is warranted when complaint lacks essential ingredients of offence
