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2018 Supreme(Mad) 4602

M.SUNDAR
Microsense Private Limited – Appellant
Versus
Bharti Airtel Limited – Respondent


Advocates Appeared:
For the Plaintiff :Mr. K. Harishankar, Advocate.
For the Defendants :Mr. S. Karthic, Advocate.

JUDGMENT :

M. Sundar, J. –

1. Mr. K. Harishankar, learned counsel on record is before this Commercial Division on behalf of the plaintiff. Mr.S.Karthic, learned counsel on record for the sole defendant is before this Commercial Division.

2. This suit pertains to alleged infringement of a registered Trademark. The nucleus of the suit is a registered Trademark bearing Registration No.1819723. The mark is 'Mi-Fi' . I shall refer to this mark and say more about it infra in this judgment.

3. It is the case of the plaintiff that it provides wide range of mobile computing and telecommunication services, specializing in wire line networking infrastructure and wireless LAN solutions in India. It is also the case of the plaintiff that its business commenced in the year 1982. The claims of the plaintiff are articulated in Paragraphs 5 and 6 of the plaint, which read as follows:

    5. "The Plaintiff Company provides wide range of mobile computing and telecommunication services, specializing in wire line networking infrastructure and wireless LAN solutions in India. The plaintiff's business commenced

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