SNAPDEAL PRIVATE LIMITED Vs. GODADDYCOM LLC

JUDGEMENT

(1.) The present suit has been filed seeking permanent injunction restraining the infringement of trademarks, passing off, unfair trade practices, damages, rendition of accounts and other reliefs. The Plaintiff is the registered proprietor of the trademarks "SNAPDEAL"/"SNAP DEAL" and its formative marks. Defendant Nos. 1 to 32 are Domain Name Registrars (hereinafter, "DNRs") engaged in the business of creation, registration and sale of domains to the Registrants. Defendant No.33 is the Department of Telecommunications (hereinafter, "DoT") and Defendant No.34 is the National Internet Exchange of India (NIXI). It is the case of the Plaintiff that the said DNRs have registered various domain names containing the Plaintiff's registered trademark "SNAPDEAL".

(2.) In the present suit, one of the reliefs prayed for in the application being I.A. 5407/2021 under Order XXXIX Rules 1 and 2 was that the Defendant Nos.1 to 32 ought not to offer any domain names which incorporate the Plaintiff's mark "SNAPDEAL". The same is set out below:

(3.) A detailed judgment on 18/4/2022 has been passed by the Predecessor Bench on the application being I.A. 5407/2021 seeking interim injunction, wherein the Court has held that such a wide order, without identifying the specific domain names, cannot be granted and for every domain name specific relief has to be sought by the Plaintiff after identifying the domain name. The relevant observations from the judgment dtd. 18/4/2022 are extracted below: