New Delhi: A non-descript company had robbed the corporate giant, Tata, of its domain names in the cyber world leaving the latter with no option but to secure remedy from the delhi High court.

The court in an ex-parte order barred the Hyderabad-based software firm, Ramadasoft, from using a series of domain names with a trade mark of corporate giant, Tata Sons Ltd. Justice Mukul Mudgal directed ramadasoft to tranfer all the domain names created by the use of trade mark "Tata" incorporating the well-known names of proprietors and other subsidiary companies, to the corporate giant.

The court granted permanent injunction in favour of Tata Sons Ltd. saying '…it is now settled law that with the advent of modern technology, particularly relating to cyberspace, domain names or Internet sites are entitled to protection as a trade mark because they are more than a mere address". "The rendering of Internet services is also entitled to protection in the same way as goods and services are, and trade mark law applies to the activities on Internet," the court said. The court further said that Ramadasoft never appeared before it despite several notices but Tata Sons Ltd filed evidence to support their claim for the transfer of the domain names, "jrd-tata.com, ratantata.com, tatahonewell.com, atayodogawa.com, tatateleservices.com, tatassl.com, tatapowerco.com, tatahydro.com, tatawestide.com and tatatimken.com".

The court said "by its affidavits of evidence and the documents exhibited, Tata Sons Ltd has proved the averments made by the Hyderabad based firm, and accordingly Ramadasoft and its agents are permanently restrained from using domain names containing the word "Tata" or any other mark and name identical or deceptively similar to the corporate giants's on the Internet.

"An order of permanent injuction is passed against Ramadasoft restraining it for operating any business in any goods or services under any domain names containing ythe word Tata," it said. Counsel for Tata Sons Ltd., Pravin anand, while contending that trade mark law applies with equal force on the Internet as it does in the physical world, said that Hyderabad-based firm could not in any circumstances, claim any rights in the trade mark "Tata " as the proprietor had not authorised its use to Ramadasoft.

Stating that Ramadasoft was engaged in the business of registering domain names in India, Mr., Anand alleged that use of the impugned mark by the Hyderabad-based firm was aimed at diverting the business of Tata sons Ltd.