Jayant Nath, J.

IA No. 11898/2013 (u/O 39 R 1 & 2 CPC)

1. This is an application under Order 39 Rule 1 and 2 CPC seeking exparte interim injunction to restrain the defendant from using the domain name ‘www.crayonadv.com’ or any other name which is similar to the plaintiff’s domain name ‘www.crayonad.com’.

2. Plaintiff has filed the accompanying Suit seeking a decree of permanent and mandatory injunction against the defendant from using the name “Crayon Advertising” or the domain name www.crayonadv.com and other reliefs. The plaintiff has in the accompanying plaint averred that the plaintiff had adopted and has continuously and uninterruptedly been using the name and mark “CRAYONS” as a name and an integral part of its advertising business since the year 1986. It is averred that with the efforts of the plaintiff the said mark has become a prominent, essential and inalienable part of the plaintiff’s business. On 27.12.1997, the plaintiff got registered the domain name ‘www.crayonad.com’as the plaintiff’s website for promoting its business with mark ‘Ç?AYONS’. It is averred that the mark ‘CRAYONS’ is synonymous with the plaintiff. The plaintiff’s company name is ‘CRAYONS ADVERT