Manmohan Singh, J. (Oral)

1. Plaintiff No. 1 is Bharti Airtel Ltd. (earlier known as Bharti Televenture Ltd.). The plaintiff No. 2 is Bharti Overseas Trading Company now known as Bharti Enterprises is a registered partnership firm. The plaintiff No. 3 is Bharti Retail Pvt. Ltd.

2. The plaintiffs have filed the present suit for permanent injunction restraining infringement of registered trade mark "BHARTI" by registration of domain names "BHARTIRETAIL.COM" & "BHATIRETAIL.IN" and for passing off, acts of unfair competition, dilution and damages against the defendants.

CASE OF THE PLAINTIFFS

3. The plaintiffs are a part of the business group known as the Bharti group of Companies.

4. The Mark BHARTI was adopted by the plaintiffs in the year 1983 and the same has been in continuous use since then. The total numbers of companies at the time of filing of the present suit with the word/mark "Bharti" as the prominent part of the trading style/corporate name are more than fifteen.

5. The details of names of the said companies and the respective date of incorporation are as under:-

Bharti Overseas Trading Company 1980

Bharti Infotel Private Ltd (formely known as Bharti

Enterprises Pvt Ltd and name c