ORAL JUDGMENT :

. The present notice of motion is initiated by the plaintiff on a passing off action under the provisions of the Indian Mercantile Marks Act, 1999 seeking direction that the defendants should be restrained by an order and injunction from in any manner using the mark in relation to its telecom related services and the products name and/or mark "INDICOM" or any other name or mark deceptively similar to the Plaintiff’s corporate name and trade mark "INDIACOM". The aforesaid injunction is sought in a passing off action as it is contended by the plaintiff that the defendants are seeking to pass off the business services and product of the plaintiff as if the same is the business and product of the defendants. Some of the material facts in the present case briefly enumerated are as under :-

2. The originally the name of the plaintiff company was known as Sesa Seat Information Systems Pvt. Ltd. and it was incorporated in 1988. The company was engaged in the technical collaboration with a foreign company known as STET S.p.a. of Italy. In 1988 the plaintiff entered into the business of directory publication. From the said year the plaintiff also published what is popularly kn