Multiple legal proceedings regarding various IP rights in the trademark NALLI are being contested in multiple locations and forums between M/s Nalli Chinnasami Chetty , Mr. Nalli Kuppuswami Chetty and Mr. Nalli K. Ramnathan (‘ M/s Nalli Chinnasami Chetty’) and Mr. Nalli Sambbasivam for number of years now.
De Penning & De Penning represented M/s Nalli Chinnasami Chetty in the current legal proceeding.
M/s Nalli Chinnasami Chetty filed a suit before the Madras High Court seeking injunctive reliefs against Mr. Nalli Sambbasivam in registering the domain name www.nalli.cloud alleging that the registration and use of the domain name is prejudicial to their registered trade mark NALLI. On 3rd March, 2023, the Court was pleased to grant an interim injunction against the Defendant restraining him from registering, using and transferring the domain name www.nalli.cloud. The Court, granted the interim injunction after being prima facie convinced on the materials placed on record and taking into account the Defendant’s previous attempts to register the domain names www.nallis.com and www.nalli.org.in was successfully thwarted by the Plaintiff before the respective forums.
Prior to filing the Suit, the Plaintiff had initially approached the WIPO to transfer the illegally registered domain name www.nalli.cloud. However, the Arbitrator appointed by the WIPO refused to interfere with the complaint in view of the multiple pending litigation between the same parties. Therefore, the Plaintiff had to approach the Madras High Court to restrain the Defendant from continuing with their acts.
To view or download the court order, please click here.
Author: Julick Isaiah