TIMES INTERNET LTD Vs. M/S INDAITIMES.COM

JUDGEMENT

(1.) The plaintiff has sued, (i) for permanent injunction restraining the defendant No.1 from operating its business, products and services with reference to or under the mark/domain name/website "indaitimes.com" or any other mark or device or logo likely to deceive and cause confusion and/or passing off the defendant No.1's business as that of the plaintiff; (ii) for permanent injunction restraining the defendant No.1 from operating the domain name/website "indaitimes"/ "indaitimes.com deceptively similar to the plaintiff's mark/trade mark/logo/domain name/website; (iii) for mandatory injunction directing the defendant No.2 IPNIC Inc to cancel the registration of the domain name "indaitimes.com" granted to the defendant No.1; and, (iv) for ancillary reliefs of compensation, delivery etc.

(2.) SUMMONS of the suit were issued to the defendants and on the application of the plaintiff for interim relief vide ex parte ad interim order dated 18th July, 2006 which continues to be in force, the defendants were restrained from using the domain name "indaitimes.com" or any other domain name deceptively similar to the plaintiff's domain name "indiatimes.com".

(3.) THE plaintiff has led its ex parte evidence and the counsel for the plaintiff has been heard.