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2000 Supreme(Del) 464

K.S.GUPTA
ONLINE INDIA CAPITAL CO. PRIVATE LIMITED – Appellant
Versus
DIMENTION CORPORATE – Respondent


Advocates Appeared:
A.S.CHANDHIOK, D.BHAMRI, H.SUBRAHMANYA JOIS, P.K.Mittal, P.M.SINGH, RAHUL SRIVASTAVA, SUPARNA SRIVASTAVA, URMILA NARANG, VINAY BHASIN

K. S. Gupta, J.

( 1 ) SUIT was filed seeking to restrain the defendant permanently from using thewebsite under the name of WWW. MUTUAL FUND INDIA. COM or in any otheridentical name, inter alia, alleging that plaintiff No. 2 acquired the proprietory rights ofwww. MUTUAL FUNDS INDIA. COM and assigned it in favour of plaintiff No. 1-company. Website WWW. MUTUAL FUNDS INDIA. COM was created on 5/05/1999. It is alleged that this website provides most comprehensive data on mutualfunds. Finding it to be highly informative, knowledgeable and useful the Templetonmutual Fund, DSP Merill Lynch Mutual Fund, Kotak Mahindra Mutual Fund, Alliancecapital Mutual Fund and Taurus Mutual Fund are advertising on the said website. Prudential ICICI Mutual Fund has also agreed to advertise for one year beginning 1/05/2000. SIDBI Venture Capital Co. Ltd. , has offered to participate in the sharecapital of Plaintiff No. 1 to the tune of Rs. 1. 5 crores. Other leading companies ofnorth India dealing in shares, securities and debentures too have approachedplaintiff No. 1 for investing in its share capital.

( 2 ) IT is pleaded that eleven member team of FORBES, a magazine of USA haslisted 150 sites as best of














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