PRATHIBA M. SINGH
Sap Se – Appellant
Versus
Intellipaat Software Solutions Private Limited – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present suit for permanent injunction has been filed by SAP SE against various Defendants who were using the mark SAP as domain names with different variations. Initially, the present suit was filed impleading 26 Defendants, wherein Defendant No. 1- Intellipaat Software Solutions Private Limited, was infringing the Plaintiff's rights in its various software programmes under the name `SAP' and Defendants Nos. 2-24 were intermediaries. The Plaintiff had also impleaded Department of Telecommunications and Ministry of Electronics and Information Technology (MEITY), of the Union of India as Defendant Nos. 25-26. In addition, Domain Name Registrars (DNRs) GoDaddy.com, LLC and Cloudflare, Inc. were impleaded as Defendant Nos. 27 and 28 to secure the prayer for deactivation of access to the impugned website i.e., www.intellipaat.com. Defendant No. 29- ICICI Bank was also impleaded seeking a direction for freezing the account of Defendant No. 1.
3. The Plaintiff company was incorporated in Germany and adopted the mark SAP in 1972. The grievance in this suit is that the Defendant No.1 i.e., Inte
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