JUDGMENT

28.08.2017 SANJEEV SACHDEVA, J. (ORAL)

I.A. 3017/2017 (on behalf of Plaintiff under Order VI rule 17 CPC) & I.A. 3019/2017 (on behalf of Plaintiff under Order I rule

10)

1. The plaintiff has filed the suit seeking a restraint on the defendant from unauthorized and illegal adoption and use of the plaintiff registered trademark T.I.M.E. and the registered domain name ‘TIME4EDUCATION.COM’ by defendant no. 1 by adopting, using and registering an identical and deceptively similar domain name i.e. www.timeseducation.co.

2. It is contended that the plaintiff is in the service of providing education and coaching classes. The plaintiff has a registered domain name ‘TIME4EDUCATION.COM’.

3. It is contended that someone had got registered a domain name ‘www.timeseducation.co’ which is deceptively similar to the domain name of the plaintiff.

4. It is contended that when the plaintiff filed the suit, plaintiff was not aware of the person who had got the said domain name registered. All that was available was a telephone number.

5. It is submitted by learned counsel for the plaintiff that the Cyber Cell of the Delhi Police has subsequently reported that the telephone number belongs to ‘Think an