A registered trade mark is said to be infringed if some person or entity other than the registered proprietor of the trade mark uses such mark without the authorization of the owner for trade and business purposes i.e. the exclusive rights of the owner of the mark are violated. Even using of closely or deceptively similar logos or brand names amounts to infringement of trade mark. The proprietor of the mark can file a suit in the district court of appropriate jurisdiction where he resides and can claim compensation for losses and damages caused due to such infringement. The court can take custody of the goods that bear the trade mark name and can restrain the person for further using it.

It was held in Yahoo! Inc vs Akash Arora & Anr that domain name ‘Yahoo India!’ is identical and phonetically similar to the plaintiff’s trademark ‘Yahoo!’ and internet users would be confused and deceived into believing that both the domain names have the same source and mere disclaimer was not sufficient because the nature of the internet is such that use of a similar domain name cannot be rectified by a disclaimer and it does not matter that ‘yahoo’ is a dictionary word. It was a landmark judgment in cyberspace.

In case of Coca Cola Company vs Bisleri International Pvt. Ltd. the defendant, Bisleri by a master agreement, had sold and assigned the trademark MAAZA for India with respect to a mango fruit drink known as MAAZA to Coca Cola. In 2008, the defendant company filed for registration of the mark MAAZA in Turkey and started exporting fruit drink under the name MAAZA. The plaintiff, Coca Cola claimed permanent injunction and damages for infringement of trademark and passing off. The court granted an interim injunction against the defendant from using the trademark MAAZA in India as well as for export, which was infringement of trademark.