Pradeep Nandrajog, J.

( 1 ) PLAINTIFFS pray:

" (A) An order restraining the defendant, its partners or proprietors as the case may be their officers, servants, agents and representatives and all others acting for and on their behalf from using the domain name "tatainfotecheducation. com or operating any business, making, selling/transferring, offering for sale, advertising and in any other manner dealing with goods or services using the plaintiffs trademarks TATA/tata INFOTECH/tata INFOTECH education or any other mark/name which is identical with or deceptively similar to the plaintiffs trademarks TATA/tata infotech, whether as a domain name or otherwise and from doing any other thing as is likely to do to passing off of the business and goods of the defendant as and for Thes of the plaintiffs;

(B) An order for freezing the website being operated under the domain name tatainfotecheducation. com and for the transfer of \the impugned domain name to the plaintiffs from the register of the registrar, NETWORK SOLUTIONS, INC and for delivery-up of all impugned materials if any, including brochures, stationery and other printed matter, for purposes of destruction and/or erasure;

(C) An order for the rendition of accounts of profit illegally earned by the defendant on account of the infringing activities and a decree for the amount ascertained be passed in favour of the plaintiffs;

(D) An order for damages of Rs. 20 lakhs which the plaintiffs have suffered by way of the defendants acts of passing off and dilution, such acts having seriously eroded, diluted and reduced the value of the plaintiffs trademark and intellectual property;

(E) An order for costs in the present proceedings;

( 2 ) VIDE order dated 14. 2. 2003 defendant was directed to be proceeded ex parte as in spite of service none appeared for the defendant. Plaintiffs were directed to lead ex parte evidence. Needful has been done.

( 3 ) PLAINTIFF No. 1 Tata Sons Limited is a company incorporated under the indian Companies Act, 1913. Plaintiff No. 2 Tatainfotech Limited is a company incorporated under the Indian Companies Act, 1956. Plaintiff No. 1 is a majority shareholder of plaintiff No. 2. Both plaintiffs are a part of a group of companies popularly referred to as TATA Group of Companies. It is claimed that total turnover of TATA Group of Companies is over US $ 9 billion.

( 4 ) PLAINTIFF No. 2 claims to be a pioneer in the field of information technology. Its activities include software consulting, hardware manufacture, offshore software development, systems integration and education services. Business of plaintiff No. 2" in the year 1999-2000 is claimed to be Rs, 432 crores and in the year 2000 2001 Rs. 523 crores. Plaintiff No. 2 claims to provide concept based computer education and training to corporate institutions and career students in India and abroad. It started its Education Division in 1992 and claims to have more than 200 centres all over the country beside having centres in Columbia, Nepal, Bangladesh, Sri Lanka and Myanmar.

( 5 ) PROMOTER of plaintiff No. 1 was late Jamsetji Tata. The company used the trademark and tradename TATA derived from the surname of its promoter. Plaintiffs claim that the word TATA is a rare partonymic name having all the trappings of an invented word. It is claimed that on account of its highly distinctive nature, the name TATA has acquired an excellent reputation. The mark/name TATA is distinctive of goods manufactured and services rendered by TATA Group of Companies.

( 6 ) PLAINTIFFS claim that by virtue of the facts aforenoted, they have exclusive proprietary rights in the trade name/service mark TATA INFOTECH and the service mark tata INFOTECH EDUCATION adoption and use whereof by any third party would cause confusion and deception regarding origin of the goods or services. It would amount to passing off.

( 7 ) PLAINTIFF claim enormous presence on the Internet and ownership of various domain names like tata. com , tatainfo

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