JUDGMENT:

1. The Applicant/Plaintiff has filed the instant Suit and application for interim reliefs in the context of its registered trademark “MAUJ”. The said trademark of the Plaintiff is registered in various Classes, including 38, 41 and 42. The grievance of the Plaintiff is that the Defendants have infringed upon the said registered trademark of the Plaintiff by using a deceptively similar trademark “MOJ”. The Plaintiff alleges phonetic and structural similarity between the two marks and it also claims that the Defendants have committed the tort of passing off.

2. A perusal of the pleadings shows that, according to the Plaintiff, the predecessor-in-title of the Plaintiff had started using honestly and bona fide the mark “MAUJ” in and around the year 2003, in relation to software programming, entertainment and content distribution business. In the year 2003 itself domain name www.mauj.com was also registered. An application was submitted on 11th February, 2005, for registration of the trademark “MAUJ” in Class 42 for engaging in the business of computer programming, computer software, internet medium and developing computer and wireless software. Registration was granted on 17th