Legal Question in Intellectual Property in India
intellectual property rights
The SWIFT Fast Foods Inc and
SWIFT Pharmaceutical Co. have the
same name registered under the
trademark Act with respect to
different classes of goods. They
desire to take domain name
registration. Can they both obtain
same domain name? What are the
governing rules? You are permitted
to assume additional facts to the
existing facts in order to support
your answers.
3 Answers from Attorneys
Re: intellectual property rights
Same domain name can be got registered.
Re: intellectual property rights
as there line of business is different, the domain name may be the same but search engine would shortlist on the basis of nature of business. same domain name may be held for different types of commercial activities.
Re: intellectual property rights
If stake holders are the same, a similar domain name can usually be allocated. At times the holding company may obtain similar name for its subsidiary company.
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