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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1427/2014 INFO EDGE(INDIA) LTD ..... Plaintiff Through: Ms. Anuradha Salhotra and Mr. Diwakar Singh Pundir and Mr. Tushar A John, Advs. Versus AKASH DEEP and ORS ..... Defendants Through: None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R 16.05.2014 I.A. Nos. 9332-33/2014 (u/Sec. 151 CPC) Original documents as well as typed copies of dim annexures be filed within four weeks. Applications are disposed of in the above terms. CS(OS) No. 1427/2014 Plaint be registered as a Suit. Summons in suit be issued to the defendants through ordinary process, registered A.D. post and courier service, returnable before Joint Registrar for 1st October, 2014. Process fee etc. be filed within a week. I.A. No. 9330/2014 (u/O 39 R 1 and 2 r/w Sec. 151 CPC) Notice for the date fixed. Plaintiff is a private limited company and owns a job portal website under the trade mark ?Naukri.com? right from 1997. The domain name ?Naukri.com? was first created by the plaintiff on March 27, 1997 as an online recruitment classifieds and related services for job seekers and corporate customers. The website is popularly known as Naukri, inasmuch as, has acquired huge reputation and goodwill in the market. During the year 2012-13 plaintiff?s revenue was Rs.274,37,99,945/-. Plaintiff has spent Rs.14,90,33,519/- on advertisements during the year 2012-13. Plaintiff?s trade mark ?Naukri.com? was first registered in the year 2004. In Info Edge (India) Pvt. Ltd. and Anr. Vs. Shailesh Gupta and Anr. 98 (2002) Delhi Law Times 499, this Court has recognized that the plaintiff has been able to generate in the market by adopting and establishing a domain name and carrying on their business activities on the basis of the same. Thereby the trademark/domain name of the plaintiff has assumed significance and a secondary meaning. In order to encash reputation and goodwill of the plaintiff, defendants have adopted deceptively similar trade mark ?cvnaukri.com?, ?resumenaukri.com?, inasmuch as, using plaintiff?s domain name ?cvnaukri.co.in?, ?cvnaukri.org? and ?cvnaukri.in?. It is submitted that defendants have defrauded several job seekers. Plaintiff has even sent a complaint to NOIDA police (Cyber Crime Cell). It is further contended that one of the duped persons has approached the District Consumer Disputes Redressal Forum, Kolkata wherein plaintiffs have been summoned. I have heard the learned counsel for the plaintiff and am of the view that plaintiff has succeeded in disclosing a, prima facie, case in its favour. In case defendants are not restrained from using the plaintiff?s trade mark ?naukri?, it is the plaintiff who shall suffer irreparable loss and injury, inasmuch as, balance of convenience is also in favour of the plaintiff. Accordingly, till further orders, defendants are restrained from trade mark and domain name containing word ?naukri? and/or ?naukri.com? or any other deceptively similar trade mark or domain name as that of plaintiff. Compliance of Order 39 Rule 3 CPC be made within two weeks. I.A. No. 9331/2014 (u/O 26 R 9 CPC) Injunction order has already been passed against the defendants. It would, thus, be appropriate if two Local Commissioners are appointed to make inventory and seize the infringing materials. Accordingly, Mr. Mayank, Advocate (Mobile No. 9971999961) and Ms. Ritika Ahuja (Mob. No. 9582363670) are appointed as Local Commissioners to visit the premises of defendants at B-75, Sector 63, NOIDA ? 201304, Uttar Pradesh and B-15, Sector ? 58, NOIDA, Uttar Pradesh respectively and make an inventory of infringing materials and seize the same contained in computers systems, laptops, CPUs, Hard Disks and/or CDs, DVDs or any other storage media, with the help of Technical Experts and representatives of plaintiffs. Defendants are directed to provide password(s), if any, of computer system, in order to enable the Local Commissioners to effectively carry out this order. Thereafter, Local Commissioners shall handover the seized goods/material/records to the defendants on Superdari with the directions to produce the same in Court without tampering the seal, as and when directed by the Court. If any resistance is put by the defendants or any other person on their behalf, Local Commissioners will be entitled to seek police assistance. In case the premises is found locked, Local Commissioners shall be at liberty to break open the locks. Fee of the Local Commissioners is fixed at Rs.75,000/- (Rupees Seventy Five Thousand Only) each besides other miscellaneous expenses. Local commissioner shall submit their report within two weeks from the date of execution of commission. Application is disposed of in the above terms. Dasti. A.K. PATHAK, J. MAY 16, 2014 ga $ 71
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