These Original Applications coming on this day before this court for hearing in the presence of Ms.Durga V.Bhatt Advocate for the Applicant in both Original Applications, and Mr.Ramaswamy Meyyappan, Advocate for the respondents in both Original Applciations and upon reading the Judges Summons and the common Affidavit of Giridhar Sathyamorthy and the Common Counter Affidavit of Kanakadhara Srinivasan filed in both Original Applications, and the plaint and this Court having observed that the respondents have no right to use the domain name initiumpartners.in platform, which exclusively stands in the name of applicant and came into existence even prior to incorporation of LLP and also instantly this Court finds that the domain name and the trade name are identical, but if any injunction is granted against the respondent for using the trademark, it may substantially curtail the business of the respondents, who also happens to be the co-owner of the trademark and the dismissal of the injunction against the respondents 1 and 2 will not be an impediment or bar for the applicant to use the trademark, since there is a prima facie material to show the applicant https://hcservices.ecourts.gov.in/hcservices/ is a co-owner of the trademark and prior user of the name.
