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O.A.Nos.727 and 728 of 2016

in C.S.No.600 of 2016

M.M.SUNDRESH, J.

Applicant is the plaintiff in the suit filed for the following

reliefs:

(i) A permanent injunction restraining the

defendants, their partners, their employees, officers,

servants, agents and all others acting for and on their

behalf from using and alienating in any manner, directly

or

indirectly,

dealing

in

domain

name

www.dinamalar.com, www.dinamalar.in or any other

similar domains and mobile applications and softwares

bearing the word DINAMALAR in any language including

the labels amounting to an infringement of the plaintiff's

registered trademark No.1339618 in Class 16;

(ii) A permanent injunction restraining the

defendants, their partners, their employees, officers,

servants, agents and all others acting directly or indirectly

using the domains names

www.dinamalar.com,

www.dinamalar.in or any other similar domains and

mobile applications and software bearing the word

DINAMALAR in any language including the labels

amounting to passing off of the products and services of

the defendant as and for that of the plaintiff's mark

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DINAMALAR;

(iii) The 1st defendant be ordered to surrender to

the plaintiff or in favour of all partners, the ownership of

the domains www.dinamalar.com and www.dinamalar.in

and any other domain bearing the mark DINAMALAR

including all mobile applications and softwares and also

provide with login ids, passwords and all other key

information to take over and operate the domains and

mobile applications;

(iv) The first defendant be ordered to pay

appropriate damages to the plaintiff for using plaintiff's

registered trademarks DINAMALAR;

(v) To direct the 1st defendant for rendition of

accounts pertaining to the domains www.dinamalar.com

and www.dinamalar.in and any other websites, domains

and mobile applications and softwares bearing the mark

DINAMALAR along with the profits made in respect of the

multiple mobile applications created by the first defendant

including from advertisements, branding, listings,

classifieds and any/all other revenues through use of the

mark DINAMALAR across the world;

(vi) The second defendant be directed to furnish

information pertaining to the registration and ownership

details of the website/domain www.dinamalar.com;

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(vii)costs and such other relief as this Hon'ble Court

may deem fit, in the circumstances of the case, in the

interests of justice and equity.

2.Learned senior counsel for the applicant submits that the

registered trade mark DINAMALAR stands in the name of five

brothers including the applicant. There was already an award in

favour of the applicant in a dispute between the brothers. The first

respondent is the son of one of the brothers of the applicant. Now, the

first respondent is using the domain name with the name DINAMALAR

apart from using it in the mobile application. Learned senior counsel

submits that a third party right might arise since an attempt is being

made to alienate the usage. By operating the mobile application, the

access can be made immediately and this has been done recently.

Therefore, it is submitted that a prima facie case has been made out.

3.Considering the submissions made by the learned senior

counsel for the applicant and taking note of the fact that the

registered mark still stands in the name of the five brothers including

the applicant, this Court is of the view that a prima facie case has

been made out, especially, for granting an order of interim injunction

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qua the usage of name DINAMALAR in the mobile application. At

present, this Court is not inclined to grant any injunction for the

usage of domain name since it appears to be in usage for quite some

time.

4.Accordingly, there shall be an order of