REVA KHETRAPAL, J.

1. This order shall dispose of the plaintiffs application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure seeking an interim injunction, inter alia, restraining the defendants from releasing the defendants film under the trademark/title HARI PUTTAR. The application has been filed in a suit for permanent injunction restraining infringement of trademarks, passing off, dilution, damages and rendition of accounts of profits earned by the defendants by use of the impugned trademark/title; and for an order of transfer of the domain name www.hariputtarthefilm.com to the plaintiffs.

2. The plaintiffs assert in the plaint that the plaintiff No.1 applied for and secured trademark registration in India for the word mark HARRY POTTER under Nos.1111702 in Class 9, 1111703 in Class 16, 917454 in Class 25, 917453 in Class 28 and 1246560 in Class 41, and that the defendants are guilty of infringing the aforesaid registered trademarks of the plaintiffs by the act of naming their film HARI PUTTAR, which is visually and phonetically similar to the plaintiffs trademark HARRY POTTER.

3. The plaintiffs further assert that HARRY POTTER, it is well

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