REDIFF COMMUNICATION LIMITED Vs. CYBERBOOTH

JUDGEMENT

(1.) LEAVE under Rules 147 and 148 of the Bombay High Court (Original Side) Rules, 1980 is granted to the plaintiffs to take out a Notice of Motion in terms of the draft Notice of Motion handed in. Leave to amend the plaint and the Notice of Motion in terms of the draft amendment. Mr. Chitnis for the defendants waives service. By consent, Notice of Motion is taken up for hearing.

(2.) THIS is an action in passing off. The plaintiffs have filed the present suit for a permanent injunction restraining the defendants from using the mark/domain name "radiff" or any other similar name so as to pass off or enable others to pass off their business or goods or services as for the business or goods or services of the plaintiffs. The plaintiffs are also seeking a permanent injunction restraining the defendants from using the mark "radiff" or any other word on mark either as part of their trade name or trading style which is deceptively similar to plaintiffs trading style and/or "rediff" or using the get up, concept and lay out, etc. , so as to pass off the defendants product and/or services as those of the plaintiffs or in some way connected with the plaintiffs. The plaintiffs are further seeking an injunction against the defendants from using the literary or artistic work found on the plaintiffs web page or infringing the defendants copyright thereon without the plaintiffs licence. Along with the suit, the plaintiffs have taken out this Notice of Motion for interlocutory injunctions.

(3.) THE plaintiffs, Rediff Communication Limited are an on line media company carrying on the business of communication and providing services through the internet since 6th January 1997. The plaintiffs submit that they are a group company of Rediffusion Dentsu Young and Rubicam Advertising Limited. The word "rediff" is comprised of the first six letters of the their group companies corporate names and is associated with the plaintiffs and their group companies. The plaintiffs have on 8th February 1997 registered the domain name "rediff. COM", with Network Solutions, Inc. a company registered under the law relating to companies ("nsi" ). The plaintiffs submit that they have a large turn over of Rs. 0. 31 crores and Rs. 1. 93 crores over the last two years, respectively.