JUDGMENT :

Manmohan Singh, J.-

1. The present suit has been filed by the plaintiffs for permanent injunction, damages for infringement of trade mark WORLD BOOK, passing off, dilution, unfair competition, delivery up, and rendition of account or damages against the defendant. Along with the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 being I.A. No. 8971/2013. The suit alongwith said interim application was listed before court on 27th May, 2013. After hearing, detailed ex-parte order was passed restraining the defendant, its directors, officers, agents, servants, representatives and assigns etc. from using the trade mark WORLD BOOK or any other mark that is deceptively similar to the plaintiffs' trade mark WORLD BOOK or any other mark that is deceptively similar to the plaintiffs' registered trade mark WORLD BOOK in respect of printing/publishing of books and other reference materials and educational products, either in print or in software versions as also on their website.

2. Upon service of interim order, the defendant filed its written statement and contested the prayer of interim order passed on 27th May, 2013. The defendant also filed an application under Order 39 Rule 4 for vacation of an ex-parte interim order being IA. No. 11342/2013. Another application bearing I.A. No. 12459/2014 was also filed by defendant under Order 3 Rule 4 CPC seeking certain directions against the counsel of the plaintiffs. By this order, I propose to decide the three pending applications.

The case of the plaintiffs

3. The plaintiff No. 1, a corporation organized and existing under the laws of Delaware, USA, is a publisher of encyclopedia and other reference materials that markets hundreds of reference and educational products in over thirty countries worldwide in more than twelve languages. The plaintiff No. 2, a company based in India, is responsible for the sales, marketing and distribution of goods/services under the trademark/trade name WORLD BOOK. The claim is made by the plaintiffs that they are the largest selling print encyclopaedia in the world and well known in the business of publishing encyclopaedias and other educational reference materials since its adoption in the year 1917. Plaintiffs' WORLD BOOK ENCYCLOPEDIA is considered as number one selling print encyclopaedia in the world.

3.1. In addition to its use as a trademark, the mark WORLD BOOK forms part of the corporate identity and trading style of the plaintiff No. 1 as also of its subsidiaries/affiliate companies throughout the world and their encyclopaedias and other reference materials under the trademark/trade name WORLD BOOK are available in print, software versions as also online and are accessible at worldbookonline.com.

3.2. Plaintiffs have obtained registrations of trademark WORLD BOOK in a number of countries worldwide, covering twenty seven countries. In India, the plaintiffs are the registered proprietor of the trademark WORLD BOOK in respect of a wide variety of goods/services, as detailed in para 5 of the plaint that are valid and subsisting as on date. On the basis of the said registrations, the plaintiffs have the exclusive right to the use of the aforesaid trademarks in India. The products and services of the plaintiffs' under the trademark/trade name WORLD BOOK have been commercially available in India since 1993. They have also been advertising and promoting trademark/trade name WORLD BOOK in various countries including India, through print and electronic media including magazines, television, and the internet. It is averred that the plaintiffs own and have registered over 100 domain names, some of them are mentioned in para 12 of the plaint. Also, there are various third party websites that provide reference to the plaintiffs trademark/trade name WORLD BOOK and its encyclopaedias and other reference materials made available thereunder. The details are mentioned in Para 12 of the plaint.

4. It is averred against the defendant that the defend