The Delhi High Court recently injuncted Sonoo Jaiswal, JavaPoint Limited, and JavaPoint Tech Private Limited from using the ‘Java’ trademark in an impermissible manner. ‘Java’ and ‘Java’ related trademarks are registered by Oracle, and the mark is popular for software, telecom, and relate products/services. Oracle permits the use of the trademark through permissive use terms, and users are required to use the ‘Java’ mark only in line with the said terms.
In this case, the defendants were using the Logo ‘JAVA’ and ‘JAVAPOINT’ to offer software training and certification services. They were also using the domain name javapoint.com and had established companies with the names: JavaPoint Limited and JavaPoint Tech private Limited. Aggrieved, Oracle filed a trademark infringement suit, and during the proceeding, the defendants agreed to remove ‘Java’ from the company names.
With respect to the use of ‘Java’ to offer services and as a part of the domain name, the Court stated that the use by the defendants amounted to infringement. Noting that Oracle permits the use of the ‘Java’ mark to refer to the software, expertise/proficiency, and so on, the Court observed that the defendant’s use did not fall within the scope of the permitted use. Additionally, the Court also stated that the defendants’ reference to Oracle Certification on their website was infringing and misleading, and asked the defendants to not use the same.
Citation: Oracle America Inc. vs Sonoo Jaiswal & Ors., High Court of Delhi, 12th February, 2024, CS(COMM) 2/2024, I.A. 60/2024
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