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5.17 It is clearly evident from the Impugned Trade Marks and conduct of the Defendant, that the said adoption and use by the Defendant is not a mere coincidence and that the Defendant clearly had prior knowledge about the Plaintiff's Marks 'YATRA' / 'YATRA.COM'. Such an adoption by the Defendant is in bad faith, clearly done with an intention to harp on the reputation and goodwill created by the Plaintiff due to their long and extensive use of the Marks 'YATRA' / 'YATRA.COM' and the quality of services associated with the said Marks. By virtue of such deceitful adoption of the Defendant, the Plaintiff is bound to suffer dilution, diminution, weakening and eventual erosion of the goodwill, reputation and the positive associations linked to its 'YATRA' / 'YATRA.COM' Marks.

25. It was submitted that this Court has granted an ex-parte ad-interim relief in Paragraph No. 42 of order dated 09.12.2024, which reads as under:

"42. Accordingly, till the next date of hearing, the defendant its partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents distributors, stockists, representatives, licensees and anyone acting for or on its behalf directly or indirectly, as the case may be, are restrained from selling, advertising, manufacturing, mentioning on their websites or any third party website, dealing in any manner whatsoever, including as a part of its trade name and also as part of its domain name/website YATRA.COM> or otherwise using, the marks 'BOOKMYYATRA' and 'BOOKMYYATRA.COM' amounting to infringement, passing off, misrepresentation, unfair competition, dilution and tarnishment of the plaintiff's trade marks'YATRA.COM', 'YATRA WITH DEVICE (Device) i.e. ', 'YATRA FREIGHT' and 'YATRA FREIGHT (Device) i.e. ', and also passing off of the plaintiff's trade mark 'YATRA'."

26. Accordingly, the learned Counsel for the Plaintiff submitted that the aforesaid ad-interim injunction be confirmed till the final hearing and disposal of the present Suit.

SUBMISSIONS ON BEHALF OF THE DEFENDANT:

27. The learned Counsel for the Defendant submitted that the Plaintiff does not have any right in the word 'YATRA' in Class 39 in relation to travel and related services. The learned Registrar of Trade Marks has refused to grant any right to the Plaintiff on the word 'YATRA' while granting registration of the Trade Mark 'YATRA WITH DEVICE (Device) i.e., ' in Application Nos. 1521727, 1521728 and 1521729 in Class 39. The Plaintiff has accepted the disclaimer with respect to not having exclusive right for the word 'YATRA', the Plaintiff cannot detach itself from the said disclaimer and claim a larger right. The Plaintiff also does not have any registration in respect of 'YATRA.COM' in Class 39 as the Application No. 2260824 in relation to 'YATRA.COM' in Class 39 was opposed by Cox and Kings Ltd. and since then, the registration has not been granted.

62. It is also settled law that '.com' is a Top Level Domain ("TLD") and is entirely generic and cannot have any distinctiveness at all as no one can claim exclusivity in any TLD or any domain suffix of any level. In view of the same, 'YATRA.COM' also cannot be protected differently than 'YATRA' as the disclaimer for the word 'YATRA' at the time of registration of 'YATRA WITH DEVICE (Device) i.e., ', 'YATRA FREIGHT' and 'YATRA FREIGHT (Device) i.e., ' will also apply to 'YATRA.COM' in Class 39.