The prior user's rights supersede those of a subsequently registered trademark, especially when the latter is adopted dishonestly and causes confusion, necessitating injunctive relief.

JUDGMENT

Navin Chawla, J.

I.A.No.9022/2020 (Stay)

1. The above application has been filed by the plaintiff praying for the following ad interim reliefs:

"(i) Pass an order of interim injunction restraining the Defendant Nos. 1 and 2, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under, them from using the marks "SARKARI RESULT", "SARKARIRESULT.INFO", "SARKARIRESULTS.INFO", or any deceptive variant thereof which are identical and/or similar to the Plaintiff's trademark "SARKARI RESULT", "SARKARIRESULT.COM" and in respect of domain name, websites, mobile applications, social networking websites/platforms or any other manner thereby amount to passing off the Plaintiff's information services relating to job and career opportunities;

(ii) Pass an order of interim injunction restraining Defendant Nos. 1 and 2, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under, them from writing, communicating, objecting, protesting to any third parties so as to cause any interference/disruption to the use of the trademarks "SARKARI RESULT", "SARKARIRESULT.COM" and by the Plaintiff;

(iii) Pass an order of interim injunction restraining Defendant Nos. 1 and 2, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under, them from creating any third party right in respect of domain names "SARKARIRESULT.INFO" and "SARKARIRESULTS.INFO";"

2. It is the case of the plaintiff that on 01.01.2012, the plaintiff adopted the trade mark 'SARKARIRESULT' and registered the domain name 'SARKARIRESULT.COM', as the first step to give shape/expression to her business idea of providing information services to students, teachers, parents, job seekers and the public at large. The plaintiff asserts that she launched the website 'SARKARIRESULT.COM' on 21.06.2012 for public access. It also provides the contact e-mail of the plaintiff as 'SARKARIRESULT@GMAIL.COM' on the website so that the interested persons could contact and avail further information in respect of the job and career opportunities from the plaintiff. The website provides information, inter alia, as under:

"(a) examination details of various boards like CBSE, UP Board, etc.

(b) competitive exams relating to scholarships at school level;

(c) admission details of major and prominent Universities including under graduate and post graduate courses;

(d) details of Government job opportunities including syllabus, vacant posts, eligibility, date of examination, declaration of result, last date, etc."

3. The plaintiff claims to have later created a YouTube channel under the trade mark 'SARKARIRESULT' on 11.06.2012. The YouTube channel informed the viewers of the plaintiff's website 'SARKARIRESULT.COM'.

4. The plaintiff further asserts that she adopted the device/logo on 23.04.2014. The said logo has also been displayed on the plaintiff's website, mobile applications and social networking accounts.

5. The plaintiff asserts that she also reaches out to the public through social networking platforms lik