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2023 Supreme(Del) 5412

PRATHIBA M. SINGH
Mcdonalds Corporation – Appellant
Versus
National Internet Exchange of India – Respondent


Advocates appeared:
Ms. Rima Majumdar & Mr. Aditya Vats Sharma, Advocates, for the Plaintiffs.
Mr Brijesh Kumar Tamber and Mr Yashu Rustagi Advocates, for the ADVMs. Shweta Sahu and Mr. Brijesh Ujjainwal Advocates, for the Defendnant-2, 5 to 8 (M: 998 711 5749).
Mr. Santosh Kumar Rout, Standing Counsel with Mr. B.K. Singh, Advocate, for the Defendant-13, 14 to 17, 22, 26, 27, 31.
Mr. VK Gupta and Mr. Sunil Shukla, Advocates, for the Defendant-40.
Ms. Hetu Arora Sethi, ASC GNCTD with Mr. Arjun Basra, Advocate, for IFSO Spl. Cell, Delhi Police.
Mr Ravi Prakash CGSC with Ms Astu Khandelwal and Ms Usha Jamnal, Advocates, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode.

I.A. 19806/2023 (for revival of domain name)

2. This is an application filed by the Plaintiff seeking revival of the domain name www.westlife.co.in.

3. Vide order dated 17th August, 2020, an injunction was granted restraining the Defendants from using the McDonald's, the various variations of the Golden Arches logo including the mark and McDonald's family of trade. The different variations of the Golden arches logo are set out below:

4. The said injunction was also extended to fake and fraudulent domain names vide order dated 5th November, 2020. The relevant extract of the said order is set out below:

    2. It is the case of the plaintiffs and so contended by Ms. Priya Adlakha that after passing of the orders in two applications being I.As.6950/2020 & 8230/2020, the plaintiffs have come across two more fake and fraudulent domain names viz. franchisemcindia.org and mcdonaldfranchiseindia.org having mirror websites, which are registered with defendant No.5, Godaddy.com LLC, and another entity, namely eNom, Inc., respectively. In this regard, she has drawn my attention to document Nos.1 & 2 filed along with

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