MALAR NETWORK P LTD Vs. ARUN PRASATH D

JUDGEMENT

(1.) These appeals are directed against the order dated 08.04.2010 made in O.A.Nos.27 and 28 of 2010 in C.S.No.24 of 2010.

(2.) The brief facts of the cases are as follows:

(3.) Aggrieved by the above orders of the learned single Judge, the plaintiff has filed the present appeals contending that the learned single Judge failed to see that the appellant/plaintiff had registered trade mark as early as 2003 whereas the respondent/defendant had not even applied for registration and the appellant/plaintiff had also registered the domain names as early as 2005 and 2007 whereas the respondent/defendant had registered the domain name only in May, 2009. It is further contended that the learned single Judge erred in holding that the trade mark "malar tv" had become publici juris. It is also contended that the learned single Judge erred in concluding that "Malar TV" is a channel whereas they are doing the business of Cable T.V. connection in Virudhunagar with their cable transmissions in the local area.