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1999 Supreme(Bom) 321

A.P.SHAH
Rediff Communication Ltd. . – Appellant
Versus
Cyberbooth and another – Respondent


JUDGMENT - A.P. SHAH, J.:---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 plaint


























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