NETSWEEPER TECHNOLOGIES PRIVATE LIMITED NO.5-1-1, ARIHANT MAJESTIC TOWERS JN ROAD, 100 FEET ROAD, KOYAMBEDU CHENNAI 600 107 Vs. NETSWEEPER INC, A COMPANY HAVING ITS REGISTERED OFFICE AT SUITE 4, 156, COLUBIA STREET W., WATERLOO, ONTARIO, CANADA N2L 3L3 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.N. KRISHNAN

JUDGEMENT

(1.) The appellants/respondents 1 to 3 in OA.No.510/2018 in CS.No.334/2018 and defendants 1 to 3 in the Suit.

(2.) The 1st respondent / plaintiff has filed the above said suit for the following reliefs:-

(3.) It is the case of the 1st respondent / plaintiff that it is based in Canada engaged in the business of internet content filtering and web threat management solutions and services that protect users world wide and it conducts its business through network of distributors and resellers in the United States of America, the Middles East and the APAC region and they have also developed a software/application which is designed to manage the internet access and the activity of internet users around the world and it also claims that it is the first internet content filtering Company to develop and use a form of hybrid artificial intelligence technology to scan content to categories and update its filter system without human intervention in real time. It is further averred by the 1st respondent / plaintiff that it had registered the trademark ''NETSWEEPER'' under classes 9 and 42 in USA on 07.03.2006, which was subsequently renewed on 18/11/2016 and is valid till 17.11.2026 and in Canada, it was registered on 23.01.2003, which was subsequently renewed on 23.01.2018 and is valid till 23.01.2033 and it claims that it is using the said Trademark in its business ever since the year 1999 in USA and Canada and in other Countries and the said Trademark is currently valid and subsisting.