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2014 Supreme(Del) 3371

MANMOHAN SINGH
OXIGEN SERVICES INDIA PVT. LTD. – Appellant
Versus
OXIGEN24 TELESERVICES – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mukul Chandra, Pradeep Chandel.

JUDGMENT :

Manmohan Singh, J.

1. The defendants are ex-parte. The present suit has been filed by the plaintiff for permanent injunction restraining infringement of trademark and passing off with rendition of account of profits against the defendants. It is the case of the plaintiff, M/s. Oxigen Services India Pvt. Ltd., that initially at the time of its incorporation, it was known as M/s. India Prepaid Services Pvt. Ltd. and the plaintiff changed to the present name in 2006. It has been stated that the plaintiff is a Payments Solution Provider (PSP) and handles aggregation and distribution of prepaid services viz. mobile recharge, bill payments, ticketing and subscriptions for all leading telecommunication operators in India, Direct-To-Home (DTH) TV Operators, internet broadband services providers, railway/airlines/bus/movie ticketing, bill payments, prepaid value-added services, subscription services (internet phone packs, magazines etc.), nokia music, insurance and a large bouquet of banking services on a single platform.

2. Additionally, the plaintiff is also the technology providers for India's first Full Service eWallet from State Bank of India called MobiCash, with cash-in/out,

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