LAWS(BOM)-2009-8-87

I PLUS INC Vs. CONSIM INFO PRIVATE LIMITED

Decided On August 13, 2009
I PLUS INC. Appellant
V/S
CONSIM INFO PRIVATE LIMITED Respondents

JUDGEMENT

(1.) The Suit revolve around two domain names i.e. "IndiaProperties.com" a registered domain name of the plaintiffs since 21st September, 1998 and "IndiaProperty.com" a registered domain name of defendant No. 1 since 21.10.2001. The plaintiffs, therefore, filed the Suit for various reliefs including a perpetual injunction/order against defendants 1 and 2. A Notice of Motion has been also taken out in the year 2006. By order dated 20.02.2006 in the Notice of Motion, this Court refused to grant any adinterim relief. This order of refusal of adinterim relief remained intact till this date. In the result, there is no order of any injunction in operation since then. The present motion is listed for final hearing in due course.

(2.) The basic facts, as averred, are as under:

(3.) Plaintiffs receiving letter/correspondence form clients indicated that they have used Defendant No. 1's website assuming it to that of the plaintiffs.