( 1 ) THE present suit has been instituted by the plaintiff against the defendants seeking for a decree of permanent injunction restraining the defendants, (heir partners, servants and agents from operating any business and/ or selling, offering for sale, advertising and in any manner dealing in any services or goods on the Internet or otherwise under the trademark/domain name yahooindia. Com or any other mark/domain name which is identical with or deceptively similar to the plaintiff s trademark yahoo and also for rendition of accounts and damages. The plaintiff has also filed an application under Order 39, Rules 1 and 2, Civil Procedure Code praying for an ad interim temporary injunction restraining the defendants from operating any business and / or selling, offering for sale, advertising and in any manner dealing in any services or goods on the Internet or otherwise under the trademark/domain name yahooindia. Com or any other mark/domain name which is identical with or deceptively similar to the plaintiff s trademark yahoo .

( 2 ) MR. Kapil Sibbal, Counsel appearing for the plaintiff submitted that the plaintiff is the owner of the trademark yahoo and d