Skip to main content

Delhi High Court orders defendant using a trade mark visually and phonetically similar to CLOUDTAIL to withdraw its use and desist from similarly infringing domain name.

The plaintiff, trading under the brand CLOUDTAIL, is a popular seller on e-retail channels. Its business spans thousands of products from many different industries. Its CLOUDTAIL trade mark is widely recognized by the trade and the public and has come to be associated exclusively with the plaintiff.

The defendant apprised the plaintiff of its intention to adopt the CLOUDTEL mark. The plaintiff declined to give a ‘No Objection’ owing to the proximity of the respective businesses and the close phonetic and visual similarity of the mark.

Subsequently, the defendant opposed registration of the plaintiff’s CLOUDTAIL mark and filed its own trademark application to register CLOUDTELE. It also created an identical domain name.

The court found merit in the plaintiff’s contention that the defendant’s mark CLOUDTELE was deceptively similar to the CLOUDTAIL mark. The difference in pronunciation between the suffixes TAIL and TELE was very minor and would not sufficiently allay confusion in the mind of consumers. Furthermore, the court noted that the defendant’s opposition before the Trademark Registry was mala fide on account of incomplete disclosure of information.

The court decreed the suit on the very first day, its order in the terms that the defendant will stop its use of CLOUDTAIL, CLOUDTELE or other deceptively similar marks and withdraw the associated domain name. Significantly, the defendant was also directed to withdraw its applications filed for the registration of the impugned marks and its opposition again the plaintiff’s marks.

Cloudtail India Private Limited v Excel Telesonic India Private Limited; before the Delhi High Court; order dated 31.5.2017

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Nov 11, 2026

Think about the apps you use every day. Their visual identity is often the first thing you recognise: the arrangement of icons, navigation menus, buttons,

Can You Patent the Look of an App? GUI and Icon Protection in India
News & Updates, Thought Leadership
•
Nov 07, 2026

Pharmaceutical innovation and access to medicines are closely connected aspects of public health. While patent protection can encourage investment in research

Can Public Health Override a Pharmaceutical Patent? The BPaL Patent Dispute in India
News & Updates, Thought Leadership
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming