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2003 Supreme(Del) 849

MANMOHAN SARIN
CASIO INDIA COMPANY LIMITED – Appellant
Versus
ASHITA TELE SYSTEMS PRIVATE. LIMITED – Respondent


Advocates Appeared:
SANJAY JAIN, SHYARN MURJANI

Manmohan Sarin, J.

( 1 ) THIS is an application moved by the plaintiff under order 39 Rules 1 and 2, CPC, seeking an ad interim injunction against defendant No. 1, its Directors, agents, assignees from using the domain name of "www. casioindia. com" or any derivative of the trade mark and trade name of the plaintiff company casio or any combination thereof. The restraint is also sought against defendant No. 2 ENOM, INC, from permitting use and/or transfer to any third party the domain name "www. casioindia. com" except the plaintiff. M/s. ENOM Corporate is duly accredited by the Internet Corporation for Assigned names and Numbers as the Registrar for Domain names. Plaintiff also seeks a. mandatory injunction directing defendant No. 1 to transfer the above domain name to the plaintiff company. Further relief regarding maintenance of accounts is sought. The application has been moved in the suit for permanent and mandatory injunction and for rendition of accounts. Suit is said to be under Sections 105 and 106 of the Trade and Merchandise Marks Act, 1958.

( 2 ) THE suit was instituted on 23. 7. 2002. Summons in the suit and notice in the ia was issued on 31. 7. 2002. Service was dir































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