MANISH VIJ Vs. INDRA CHUGH

JUDGEMENT

(1.) Plaintiffs instituted the suit for permanent injunction restraining the defendants from operating any business, making, selling/transferring, offering for sale, advertising and in any other manner dealing with the goods or services using domain name "www.kabaribazaar.com" or any other combination thereof, as a website on the internet, identical with or descriptively similar to plaintiffs' trade name/domain name "www.kabadibazaar.com" as is likely to lead to passing off the business of the defendants as those of plaintiffs. On 24th April, 2000, plaintiffs were granted ex parte injunction on an application under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') which is sought to be confirmed and the defendants moved an application, under Order 39 Rule 4 CPC for revocation of the interim injunction, pleading that the same was obtained by misrepresentation and false statements. This order will dispose of both these applications.

(2.) Briefly stated, plaintiffs' case is that they are proprietors of the domain name "www.kabadibazaar.com" and trade-mark, in relation to the information website, dealing with second hand goods on the internet. They are involved in the business of e-commerce since April, 1999. They realised the vast potential of second hand goods market, which in the Indian context are not readily consigned to destruction but are usually recycled. Every household deals with the person called "Kabadiwala", who periodically takes away unwanted goods from the house which may be of some use in other context, like old newspapers, used bottles and broken electronic goods. These goods after necessary repairs are either sold in the market known for second hand goods or are used for manufacturing other items like paper bags etc. Formal markets for second hand goods are largely periodical and very limited in application and usually beyond the knowledge of vast majority of people. It is pleaded that taking into account that 'kabadi' is a person who buys second hand products, and 'bazaar' denotes the place where trading takes place, plaintiffs, adopted this unique combination. They are proprietors of the said website and are entitled to use the same with all its variations to the exclusion of others.

(3.) The plaintiffs have pleaded about the concept of domain names, their registration etc. They have also explained the working of their website. It is stated that their website provides a meeting ground for the interested buyers and sellers through e- mail, thereby facilitating negotiations between the parties. They booked the domain name "www.kabadibazaar.com" on 5.5.1999 for launching the website. It was launched on 30.9.1999. It attained instant publicity as Star News discussed launch of the website on 1.10.1999 and the programme was relayed eight times in Hindi and English; this website is accessible through some of the well known engines; and it had approximately 4000 members in the limited span of six months and various range of products. The use of similar domain name is bound to cause confusion amongst the internet users. It is pleaded that before launching of the website by plaintiffs the said domain name was earlier booked by one Mr. Amar Nath, who agreed not to launch the website using this domain name. It is also pleaded that defendants have booked various other domain names like "rajourigardenmarket.com", "karolbaghmarket.com" with the intention of making illegal profits.