10
When a defendant does business under a name which is close to the name under which
the plaintiff is trading and that name has acquired a reputation and public is likely to be
misled that the defendant's business is the business of the plaintiff, or is a branch or
department of the plaintiff, the defendant is liable for an action in passing off, As the two
trademarks/domain names 'Yahoo!' and 'Yahoo India!' were almost similar and the latter
had offered web services that were similar to those offered by yahoo and as the latter
passed them off as being offered by Yahoo Inc., the court held Akash liable for passing
off and restrained him from using the deceptively similar domain name.