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SENTHILKUMAR RAMAMOORTHY
Godaddy. com LLC, United States of America – Appellant
Versus
Puravankara Projects Limited, Rep by its authorized signatory John Vijayakumar – Respondent
JUDGMENT
(Prayer: This Application is filed under Order XIV Rule – 8 of O.S. Rules r/w under Order XIII-A of CPC praying to dispense with the procedure of trial and pass a Summary Judgment in the above suit dismissing the plaint with costs.)
1. The Defendants in the suit are the Applicants. By this application, the Defendants pray for a summary judgment for the dismissal of the suit.
2. The Applicants/Defendants stated that the first Defendant is a domain name registrar (DNR). An organization called the Internet Corporation for Assigned Names and Numbers(ICANN) is the umbrella organization with regard to domain names. More than 1200 generic top level domain registrars and more than 2300 ICANN accredited registrars operate under ICANN. The National Internet Corporation of India (NIXI) is the Indian registry for .in domain names. Domain names are available on a first-cum-first-served basis. According to the Applicants, they are intermediaries as per Section 2(1)(w) of the Information Technology Act, 2000 (the IT Act). Since the Applicants are intermediaries, the Applicants asserted that they are entitled to the exemption provided for under Section 79 of the IT Act.
3. The Applicants cont
The court found that the Defendants' exemption under Section 79 of the IT Act cannot be determined at this stage and should await trial. The suit was allowed to proceed only with regard to the allege....
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In trademark infringement cases, courts cannot grant broad injunctions without identifying specific infringing domains; reliefs must target clearly defined trademarks as per Sections 28(1) and 29 of ....
The court ruled that summary judgment is inappropriate when the plaintiff must prove the diligence of prior proceedings, requiring oral evidence, thus allowing the defendant's defenses to be consider....
The court upheld the arbitration award canceling a domain name for being confusingly similar to prior registered domain names, emphasizing the importance of preventing confusion in online commerce.
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