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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY, THE 21^st DAY OF FEBRUARY 2022

THE HON'BLE MR. JUSTICE S.VAIDYANATHAN

C.S.Nos.600 & 939 of 2016

and

O.P.Nos.122 and 269 of 2014

and

O.P.Nos.350 and 391 of 2017

and

O.P.Nos.863 and 864 of 2018

and

O.P.No.40 of 2019

C.S.No.600 of 2016:

Dr.R.Sathiamurthi

Partner-Dinamalar

No.G-9, Parsn Paradise

109, G.N.Chetty Road,

T.Nagar, Chennai 600 017.

..Plaintiff

Vs

1.L.Adimoolam

No.8, Casa Major Road,

Egmore, Chenni-600 008

Tamil Nadu

Also at:No.148, Villa No.10,

Egret Park -Phase II

Anand Nagar Extension,

Thuraipakkam, Chennai-600 096.

2.Network Solutions LLC

12808 Gran Bay Parkway

Jacksonville,

Florida 32258

United States of America.

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*3.Dr.R.Venkitapathy,

G-9, Parsn Paradise Apartments,

109, G.N.Chetty Road,

T.Nagar, Chennai- 600 017

*4.Mr.R.Krishnamurthy

No.39, Whites Road,

Royapettah,

Chennai- 600 014

*5.Mr.R.Lakshmipathy,

No.39, Whites Road,

Royapettah,

Chennai- 600 014

*6.Mr.R.Raghavan,(Deceased),

No.57, T.V.R.News Office,

II Floor, Pantheon Road,

Egmore, Chennai- 600 008

...Defendants

(*defendants 3 to 6 impleaded as per order dated 28.11.2016 in

A.Nos.5378 to 5381 of 2016)

*7. R.Subbu Lakshmi

W/o. R.Raghavan

*8. R.Ramasubbu

S/o. R.Raghavan

*9. R.Gopalji

S/o. R.Raghavan

1st Floor,

Mercury Apartments,

42-A, Pantheon Road,

Egmore, Chennai 600008.

...Defendants

( * Defendants 7 to 9 brought on record

as legal heirs of the deceased 6^th Defendant

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vide order dated 01.02.2018 in

C.S.No.600/2016 )

Civil Suit praying that this Hon'ble Court be pleased to pass a

judgment and decree for the following reliefs:

a) a permanent injunction restraining the Defendants, their partners, their

employees, officers, servants, agents and all other 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 in any

other similar domains and mobile applications and softwares bearing the

word DINAMALAR in any language including the labels

and

amounting to an infringement of the plaintiffs registered trademarks

No.1339618 in Class 16.

b. 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 softwares bearing the word DINAMALAR in any language including

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the labels

and

amounting to passing off of the products and services of the Defendant as

and for that of the plaintiffs mark DINAMALAR.

c. The 1^st 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.

d. The 1^st defendant be ordered to pay appropriate damages to the

plaintiff for misusing plaintiffs registered trademarks 'DINAMALAR'.

e. To direct the 1^st 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 1^st defendant including from

advertisements, branding, listings, classifieds and any/all other revenues

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through use of the mark DINAMALAR across the world.

f. The 2^nd Defendant be directed to furnish information pertaining to

the registration and ownership details of the website/domain

www.dinamalar.com.

g. Costs

C.S.No.939 of 2016:

Dr.L.Ramasubbu

S/o. Dr.R.Lakshmipathy,

No.27, SRIRAM,

Sathyasai Nagar,

Madurai-625 003