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Arun Jaitley v/s Network Solutions


Mr. Arun Jaitley vs Network Solutions Private Limited and Others … on 4 July, 2011

THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 4th July, 2011 CS(OS) 1745/2009 & I.A. No. 11943/2009 & 17485/2010 MR. ARUN JAITLEY ….. Plaintiff Through : Ms Pratibha M. Singh, Adv. with

Mr. Sudeep Chatterjee and Mr. Sudeep

Bhandari, Advs.

versus

NETWORK SOLUTIONS PRIVATE LIMITED & ORS.

….. Defendants

Through : Mr C.M. Lall, Adv. with Ms. Ekta Sarin

and Ms. Nancy Roy, Adv. for defendant

Nos. 1-2.

CORAM:-

HON’BLE MR JUSTICE MANMOHAN SINGH

1. Whether Reporters of local papers may be allowed to see the judgment ? YES

2. To be referred to the Reporter or not ? YES

3. Whether the judgment should be reported in Digest ? YES MANMOHAN SINGH, J

1. The plaintiff Mr. Arun Jaitley has filed the present suit for permanent injunction restraining the defendants from misuse and immediate transfer of domain name WWW. ARUNJAITLEY.COM. CS(OS) No. 1745/2009 & I.A. Nos. 11943/2009 & 17485/2010 Page No.1 of 47

2. The name of defendant No.1 Network Solutions Private Limited was deleted vide order dated 15.04.2009. Amended memo of parties is already filed on record and defendant Nos. 2 to 4 have been numbered as defendant Nos. 1, 2 and 3 respectively. Mr C.M. Lall is appearing on behalf of defendant Nos. 1 and 2 as per amended memo of parties. The defendant No.3 namely Portfolio Brains LLC was proceeded ex-parte vide order dated 06.01.2010.

3. When the suit along with interim application was listed, the court passed the interim order in favour of the plaintiff. The operative portion of the interim order passed is as under:

“It is directed that till the next date of hearing the Defendant No.3, Portfolio Brains LLC or its

principal officers, servants, agents or anyone

who may be acting for and for and on its behalf,

shall not in any manner advertise the domain

name arunjaitley.com, use the said domain name

for auction purposes or for any other purpose.

Defendant No.3 is restrained from transferring,

alienating or offering for sale the said domain

name “arunjaitley.com” to any third party and

from creating any third party interest in the said domain name

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