GO DELHI LUXURY TOURS Vs. GO DELHI TOURS

JUDGEMENT

(1.) By this order, I propose to decide the pending application filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 CPC, being I.A. No.5222/2012 seeking interim injunction against the defendant from using the name "Go Delhi" in any manner.

(2.) The plaintiff has filed the instant suit for permanent injunction and damages against the action of passing off of trademark and infringement of copyright.

(3.) It is averred in the plaint that the plaintiff is a proprietorship concern which provides personalized luxury tours for business and leisure travelers across the country under the name of GO DELHI LUXURY TOURS. The trademark Go Delhi Luxury Tours of the plaintiff was adopted by the plaintiff, in the year 2005 and since then, it has been used consistently by the plaintiff. The plaintiff's website being godelhi.net was created on 14 th June, 2004.