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1. This is a suit filed by the plaintiff for permanent injunction restraining the defendant from operating any business, making, selling/transferring, offering for sale, advertising and in any other manner dealing with the goods or services using the plaintiffs trade mark MODICARE or any other mark/name which is identical with or deceptively similar to the plaintiff trademark MODICARE whether as a domain name or otherwise and from doing any other thing as is likely to lead to passing off of the business and goods of the defendant as those of the plaintiff. A prayer is also made for transfer of domain name modicarenetwok.com to the plaintiff from the register of the Registrar, Domain People, Inc. and for delivery-up of all impugned materials, including brochures stationary and other printed matters for purposes of destruction and/or erasure. A prayer is also made for rendition of accounts of profit illegally earned by the defendant on account of the infringing activities and a decree for the amount ascertained be passed in favor of the plaintiff.

9. The plaintiff is the proprietor of the trade mark and trade name 'MODICARE'. The mark 'MODICARE' has been in extensive and continuous use since the year 1996. The name MODI is a household name synonymous with quality, reliability and excellence. The activities of the MODI group spread in several areas of activities, including steel, sugar, Chemicals, tobacco, tea, tyres etc. The use of trademark 'MODICARE' and domain name by any other person is likely to cause confusion and deception. The defendant has registered the domain name 'modicarenetwok.com' without obtaining any permission from the plaintiff in the year 2000. There is a letter dated 15th January, 2002 which was addressed to counsel for the plaintiff by the defendant in reply to letter dt. 10428(G-1) dated 27.10.2000. In the said letter the defendant admits that he has registered the domain name 'modicarenetwok.com' without obtaining permission from the plaintiff as he was not aware that he should not use medicare trade mark or name. The defendant has dropped his intention to develop that website. The defendant has not renewed that domain name for further year.

11. In the absence of written statement and in light of the admissions made by the defendant in his letter dated 15th January, 2002, the allegations made in the plaint are deemed to be admitted.

12. In the circumstances, a decree or permanent injunction is passed in favor of the plaintiff and against the defendant restraining it from operating any business, making, selling/transferring, offering for sale, advertising and any other manner dealing with goods or services using the plaintiffs trademark MODICARE or any other mark/name which is identical or deceptively similar to that of the plaintiffs trademark whether as a domain name or otherwise and from doing any other thing is likely to lead to passing off of the business and goods of the defendant as those of the plaintiff.