Hima Kohli ORDER
Hima Kohli, J.
I.A. 25513/2015 (by the plaintiff u/O XI R 1(4) CPC)
Subject to the plaintiff filing the additional documents within two weeks from today, the application is allowed and disposed of.
I.A. 25514/2015 (exemption)
1. Counsel for the plaintiff states that she does not wish to press this application.
2. The application is disposed of.
I.A. 25515-25516/2015 (exemption)
Subject to the plaintiff filing the certified/typed/legible/English translation of the documents annexed with the plaint within four weeks, the applications are allowed and disposed of.
CS(COMM) 36/2015
3. The plaint be registered as a suit.
4. Issue summons in the suit in the prescribed form to the defendant on the plaintiff filing the process fee within one week, by ordinary process, speed post and courier, returnable before the Joint Registrar on 15th January, 2016 for completion of service and pleadings in the suit and for submitting a statement of admission/denial of the documents.
5. The summons to be issued to the defendant shall indicate that the written statement be filed within the prescribed timeline, with a copy to the other side, who shall file a replication thereto before the next date of hearing.
6. List in Court on 8th March, 2016 for framing of issues.
7. The parties shall exchange their respective issues proposed to be framed one week before the next date of hearing and produce the same in Court.
I.A. 25511/2015 (by the plaintiff u/O XXXIX R 1 and 2 CPC)
8. The plaintiff has instituted the accompanying suit for permanent injunction and declaration against the defendant praying inter alia that he be restrained from infringement of the trademark, passing off, unfair competition, infringement of copyright etc.
9. Ms. Salhotra, learned counsel for the plaintiff states that the plaintiff is a leading internet company incorporated in the year 1995 that runs the job portal, "NAUKRI.COM" which is engaged in on-line classifieds. The plaintiff operates through 62 offices in 43 cities in India and overseas offices in UAE, Saudi Arabia, Baharain etc and employs over 4000 persons. The domain name, "NAUKRI.COM" is stated to have been created by the plaintiff in the year 1997, to provide online recruitment classifieds and related services for job seekers and corporate customers. Over the years, the portal, commonly known as "NAUKRI" has grown to be the country's leading job portal having as on 30.06.2015, a database of about 42 million job seekers. It is submitted that the stock ticker for the plaintiff's shares listed on the National Stock Exchange is the word "NAUKRI". The word "NAUKRI" also forms the most significant and distinctive part of the plaintiff's subsidiary, Naukri Internet Services Private Limited, which was incorporated in the year 1999.
10. The plaintiff is also the owner of a number of domain names other than "NAUKRI.COM" which contain the word, "NAUKRI" as a prominent feature as detailed in para 5 of the plaint. The plaintiff is the registered proprietor of the word mark, "NAUKRI" in respect of computer software in classes 9 and 16 and had applied in January, 2004 for registration of the trademark, "NAUKRI" that is pending consideration. The word, "NAUKRI" is stated to form an essential and distinctive part of the plaintiff's several registered trademarks as have been set out in para 7 of the plaint. The said registrations are valid and subsisting and vest in the plaintiff, the exclusive right to use the trademarks in relation to its goods and services.
11. Learned counsel submits that the plaintiff extensively advertises its services under the "NAUKRI" mark. In the year 2014-2015, it had spent over Rs. 14 crores to promote "NAUKRI.COM" website and earned r........