PEN BOOKS P LTD Vs. PADMARAJ

JUDGEMENT

(1.) BY the judgment dated 20. 2. 2004 this Court had partly modified the order passed by the trial Court by deleting the condition for deposit of Rs. 75,000/- for the grant of Injunction in favour of the appellant. One of the reasons stated in the judgment was that there was no cross objection filed by the respondent against the grant of injunction by the trial court. Since it was an omission to take note of the filing of cross objection, the judgment was reviewed and the counsel were heard again.

(2.) THIS appeal is filed against the order passed by the district Court, Ernakulam in I. A. 804/2003 in O. S. 23/2003. The appellant herein was the plaintiff in the suit. The prayer in the suit was for perpetual prohibitory injunction restraining the defendant and his agents from using the domain name PEN BOOKS. com or any name or trade mark similar to PEN BOOKS as a domain name, trade name or trade mark or offering for sale such domain name, trade name or trade mark and from doing any other thing which is likely to lead to passing off of the business of the defendant as those of the plaintiff. There was also a prayer for mandatory injunction directing the defendant to transfer the domain name PENBOOKS. com to the plaintiff or to file a voluntary request to cancel the domain name PENBOOKS. com to the Domain Registry where it has been registered so as to enable the plaintiff to register it in its name.

(3.) THE appellant had registered the name PENBOOKS. com in the year 1999 and attempted to launch a website. But due to technical snags the website could not be operated smoothly. THE period of registration of the domain name for the appellant has ended on 2. 3. 2001. THE appellant wanted to redesign and launch the website again in 2002. At that time it was noticed by the appellant that the domain name PENBOOKS. com was registered in the name of the respondent and that it is advertised in the internet for sale. THE appellant under the pretext of a prospective purchaser approached the respondent and the respondent offered the name for a price of Rs. 50,000/ -. THEreafter the appellant sent a lawyer notice informing the respondent that he has no right to register a domain name PENBOOKS. com as it is the property of the appellant and demanded transfer of domain name to the plaintiff or to cancel the registration. THE appellant received a reply stating that the respondent's employer has a claim of Rs. 13,600/- as balance amount payable for developing the website. In addition to the above amount, the respondent also claimed Rs. 10,000/- towards expenses for maintain ing the registration and a premium of Rs. 50,000/ -. Since the demand was illegal, the plaintiff filed the present suit for injunction and for other reliefs. THE appellant filed the application for interim injunction.