Bharti Enterprises (Holding) v. Bharti 3G Solutions Limited & Ors.

1. The present suit for permanent injunction, rendition of accounts, passing of, delivery up, etc., has been instituted by the plaintiff against the defendants praying inter alia that they be restrained from violating and infringing their rights in the trade name/mark “BHARTI” and the mark/logo/label “AIRTEL” as also the plaintiff’s domain name and for restraining them from passing of their services as that of the plaintiff.

2. The suit was registered on 29.4.2014 and summons were issued to the defendants. On the same date, an ex parte ad interim injunction was granted in favour of the plaintiff. The defendants No.2 and 4 were duly served in the suit, whereas the service report in respect of defendants No.1 and 3 was awaited.

3. Counsel for the plaintiff states that in the meantime, defendant No.1 has proceeded to delete the domain name “bharti3gsolutions.com” 2015:DHC:10023 CS(OS) No.1206/2014 and immediately thereafter, the plaintiff had taken steps to have the captioned domain name registered in its favour. Having regard to the said development, he submits that no further orders are required to be passed in the present suit, wherein the defendant No.1 alone is the contesting defendant.

4. In view of the said submission, the present suit is disposed of, along with the pending application. HIMA KOHLI, J DECEMBER 08, 2015 sk