NETWORK SOLUTIONS, LLC Vs. NETWORK SOLUTIONS PVT. LTD.

JUDGEMENT

(1.) THE defendant seeks to amend its written statement in the present action filed by the plaintiff for injunction and damages for passing off and unfair competition.

(2.) THE defendant alleges that it came to know about the plaintiff's trademark application bearing registration No. 1252814 (NETWORK SOLUTIONS) through their erstwhile attorneys, M/s. Khaitan & Co., Mumbai in the month of July, 2005, whereupon instructions were issued to the said erstwhile attorneys by the defendant to file an opposition to the said application. The defendant had reason to believe that the said opposition had been filed. Thereafter, the files pertaining to the trademarks of the defendant were transferred to their previous attorney, namely, Anand & Anand. The instant suit was filed by the plaintiff in August, 2007. Based on the assumption that pursuant to the defendant's instructions the opposition had been filed by its erstwhile attorney, an averment was made to that effect in paragraph 21 of the written statement by its Attorneys, namely, Anand & Anand, which reads as under:

(3.) THE plaintiff has filed reply to the instant application, opposing the amendment on the ground that it is palpably false to allege that "despite best efforts" the defendant is unable to locate the copy of the notice of opposition or the filing receipt from either of the previous attorneys; and submits that it was only when the plaintiff preferred an application under Section 340 of the Code of Criminal Procedure, 1973 against the defendant for lying on oath about the filing of a notice of opposition, the defendant by way of the present application has sought amendment as a cover -up for the perjury committed by it. The application, therefore, deserves to be dismissed with exemplary costs.