In the case of HT Media Ltd vs. Brainlink International , the Hon’ble Delhi High Court has recently granted an anti-suit injunction. In the instant case, the Plaintiff, HT Media is in the business of print, media, radio, internet, etc. The Defendant Brainlink International Inc. is a New York based company that provides IT services to its customers. The Defendants own the domain www.hindustan.com and the Plaintiff has sought for permanent injunction for restraining the defendants to use the domain since it is identical or deceptively similar from the Plaintiff’s trademark. Similar to the suit initiated by the Plaintiff, the Defendants have also initiated a declaratory suit against the Plaintiff for non – infringement before the United States District Court for the Eastern District of New York. But the Plaintiff has sought a permanent injunction from proceeding the suit that has been initiated in the United States.
The Court had examined if this website would confuse the consumers in India and destroy the reputation of the Plaintiff. The cause of action arose in Delhi and the Plaintiff has its registered office in Delhi hence the court has jurisdiction under section 20(c) of the CPC. After careful examination, it held that the case is of Cyber Squatting and granted interim injunction and anti-suit injunction in favour of the Plaintiffs.
Arbitration- Not a one-man show? Neither is it a show of the times of today! The legendary Gary Born calls it the ‘Game of Tribunals’;