GROUPON INC Vs. MOHAN RAO

JUDGEMENT

(1.) These applications have been filed by the plaintiff under Order 39 Rule 1 & 2 of the Civil Procedure Code, 1908 (hereinafter "CPC") against defendant no.1 &2 praying for an order of ad-interim temporary injunction pending hearing and final disposal of the suit and by the defendants under Order 39, Rule 4, CPC praying for an order vacating the ex parte ad interim injunction granted in favour of the plaintiff vide order dated 27.05.2011.

(2.) The plaintiff prays for an order restraining the defendants by themselves, their partners, servants, agents, representatives and all those acting in concert with them or claiming under or through them from using the mark GROUPON and/or any deceptive variation thereof upon or in relation to their business, products, services and /or as a part of their trade name, website, web address, internet domain name, email address and from in any manner passing off or attempting to pass off or causing, enabling or assisting others to pass off their business, products and services as and for the business, products and services of the plaintiff.

(3.) The plaintiff also seeks to restrain the defendants from indulging in any activity which dilutes the distinctive character of the plaintiff's mark GROUPON in addition to a temporary injunction directing the defendants to transfer the domain name in favour of the plaintiff pending hearing and final disposal of the suit.