Mr.C.H.CHOTE installed a website "chahooindia.com". This

resembles another renowned website - "chahoo.com". The services rendered

by Mr.C.H.CHOTE are similar to the services rendered by the

"chahoo.com". (plantiff)

M/s C.H.Bade and Company, which had installed "chahoo.com",

claimed that they are global internet media, rendering services under the

domain name "chahoo.com" which was registered with the "Network

solution Incorporation", since 2000. An application for registration of

trademark 'chahoo' was pending in India.

M/s C.H.Bade and company, further, claimed that they are the first in

the field to have a domain name 'chahoo', and also to start web directory

and provide search services. In June 2000, such directory was named

'chahoo'.

Mr.C.H.Chote adopted the domain name 'chahooindia.com' which is

closely resembling to the renowned name 'chahoo.com'.It was found that

the internet users, who wanted to use 'chahoo.com' may reach to the

'chahooindia com.' Hence, they claimed that the act of Mr.C.H.Chote is

dishonest and was tentamount to 'cybersquatting'.

Mr.C.H.Chote claims that-

1. Plaintiff's trademark was not registered in India; therefore, there could

not be any action for infringement of registered trade mark.

2. There could not be an action of passing off as the defendants were not

offering goods but services.

3. The persons using internet and seeking to reach the internet site were

all technically educated and literate persons. As such there is no

chance of deception and confusion.

Discuss the claims of the parties and their legal rights with reference to

Cyber Laws and I.T. Act.