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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO.1 OF 2020

IN
COMMERCIAL SUIT NO.LD-VC-35 OF 2020

JSW IP Holdings Private Limited and Ors. ….Applicants/Plaintiffs

V/s.

JSW Cement and Ors. ….Defendants

----
Mr. Vinod Bhagat a/w. Ms. Laher Shah, Ms. Ruchi Agarwal and Mr. Gaurav
Miglani i/b. V.A. Bhagat and Company for applicants/plaintiffs.
----
CORAM : K.R.SHRIRAM, J.
(IN CHAMBER)
DATED : 16th JUNE 2020

P.C. :

1 On 4th May 2020, order in terms of prayer clauses – (a), (b),

(c), (d) and (e) of the interim application was granted ex-parte.

Subsequently, plaintiff learnt that defendant nos.1 to 4 are carrying on their

infringing activities from another website at the URL “www.neotmt.biz” and

sought leave of this Court on 12 th June 2020 to amend the plaint as well as

the interim application. The same was granted on 12 th June 2020 and after

amending the plaint and Interim application, plaintiff has applied today for

further reliefs in terms of prayer clauses – a (i), b (i), c (i) and e (i), e (ii)

and e (iii). Mr. Bhagat states that for the same reasons as mentioned in the

order dated 4th May 2020 and in the plaint, no notice of this application has

been given to defendants.

Gauri Gaekwad
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2 Having heard Mr. Bhagat and having considered amendments

and in view of the order dated 4th May 2020, I am inclined to grant prayer

clauses – a (i), b (i), c (i) and e (i), e (ii) and e (iii) which read as under :

(a)(i). pending the hearing and final disposal of the suit the Defendant Nos. 1 to 4, 9, 10
and 11, by themselves, their proprietor/ partners/ directors, group companies, affiliates,
subsidiaries, franchisees, licensees and assignees be restrained by an order of temporary
injunction from manufacturing or authorizing the manufacture, distributing, selling or
offering for sale through their websites www.neotmt.com or www.neotmt.biz or any other
“mirror website or domain name” or otherwise marketing, advertising, promoting,
displaying or using, online and/or offline, in any other manner whatsoever in relation to
their cement, steel bars, or any other cognate or allied goods, the impugned counterfeit

marks “JSW”, or any other mark/s identical with and/or deceptively or

confusingly similar to the Plaintiff’s trade marks JSW”, and from using JSW or
any word similar thereto as part of their trading/corporate name/s, domain name, name
of its bank accounts in any manner whatsoever, so as to infringe upon the Plaintiff’s
aforesaid trade marks registered under Nos. 4116569, 1373834, 3329149 and 3856841 in
classes 6 and Nos. 4116576, 3329156 and 3856848 in class 19;

(b)(i). pending the hearing and final disposal of the suit the Defendant Nos. 1 to 4, 9, 10
and 11, by themselves, their proprietor/ partners/ directors, group companies, affiliates,
subsidiaries, franchisees, licensees and assignees be restrained by an order of temporary
injunction from manufacturing or authorizing the manufacture, distributing, selling or
offering for sale through their websites www.neotmt.com or www.neotmt.biz or any other
“mirror website or domain name” or otherwise marketing, advertising, promoting,
displaying or using, online and/or offline, in any other manner whatsoever in relation to
their cement, steel bars, or any other cognate or allied goods, the pirated artworks

, and the literary content, or any other artistic work / logo

/ device / literary content which is identical with and/or is a colorable imitation of

Plaintiffs’ original artistic works of , and the literary

works, so as to infringe upon the Plaintiff’s subsisting copyrights in the said original

Gauri Gaekwad
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artistic and literary works;

“(c)(i). pending the hearing and final disposal of the suit the Defendant Nos. 1 to 4, 9, 10
and 11, by themselves, their proprietor/ partners/ directors, group companies, affiliates,
subsidiaries, franchisees, licensees and assignees be restrained by an order of temporary
injunction from manufacturing or authorizing the manufacture, distributing, selling or
offering for sale through their websites www.neotmt.com or www.neotmt.biz or any other
“mirror website or domain name” or otherwise marketing, advertising, promoting,
displaying or using, online and/or offline, in any other manner whatsoever in relation to
their cement, steel bars, or any other cognate or allied goods, the impugned counterfeit
marks bearing the impugned trade dress of “JSW”, , or any
other mark/s or trade dress identical with and/or deceptively or confusingly similar to the
Plaintiff’s distinctive trade marks JSW”, , , and from using JSW or
any word similar thereto as part of their trading/corporate name/s, domain name, name
of its bank accounts in any manner whatsoever, so as to pass-off their goods and business
as and for the goods and business of the Plaintiffs or in any way associated therewith;”

(e)(i). pending the hearing and final disposal of the suit, the Hon’ble Court be pleased to
order and direct the Defendant No. 12 (or any other Domain Name Registrar) to give
and/or make complete disclosure of documents revealing the name/s and address/es of
the owner/s of the impugned newly registered domain name www.neotmt.biz or any
other “mirror website or domain name” and the Defendant No. 12 (or any other Domain
Name Registrar) be further directed to block the said impugned domain name
www.neotmt.biz or any other “mirror website or domain name” with immediate effect and
not to effect/allow any transfer thereof to any third party and take down the website
bearing the infringing literary and artistic content appearing therein;

(e)(ii). the Defendant No. 13, by themselves, their proprietor/ partners/ directors, group
companies, affiliates, subsidiaries, franchisees, licensees and assignees be restrained by a
temporary order of injunction from operating in any manner whatsoever the Mobile No.
+91 8420159253 and further for an order completely blocking and deactivating the said
Mobile number, inter alia, by issuing necessary directions to the Defendant No. 13 for
furnishing complete disclosure giving the name and address of the owner of the said
Mobile No. +91 8420159253 and call records of the said Mobile number;

Gauri Gaekwad
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(e)(iii). pending the hearing and final disposal of the suit, the Defendant no. 14 or any
other web hosting service provider be directed to take down and block all access to all
webpages of the website as is currently hosted on the domain name www.neotmt.biz or
any other “mirror website or domain name”

3 It is clarified that the portion bracketed in prayer clause – e (i),

i.e., “or any other Domain Name Registrar ” appearing in two places has

been omitted from the order.

4 Mr. Bhagat states that in view of the above, the Interim

Application can be disposed.

5 Interim Application accordingly stands disposed.

6 All to act on authenticated copy of this order.

Digitally signed
by Gauri A.
Gauri A. Gaekwad
Gaekwad Date:
2020.06.17 (K.R. SHRIRAM, J.)
12:34:35 +0530

Gauri Gaekwad