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2016 Supreme(Bom) 1179

G.S.PATEL
PEOPLE INTERACTIVE (INDIA) PRIVATE LIMITED – Appellant
Versus
VIVEK PAHWA – Respondent


Advocates Appeared:
For the Plaintiff :Mr. V.R. Dhond, Senior Advocate, a/w Mr. Rashmin Khandekar, a/w Mr. Hemant Thadani & Mr. Anshul Saurashtri i/b Krishna & Saurashtri Associates.
For the Defendants :Dr. V.V. Tulzapurkar, Senior Advocate a/w Mr. Ashish Kamat & Mr. Srivardhan Deshpande i/b M/s Desai & Diwanji.

JUDGMENT :

1. The Plaintiff seeks to restrain Defendant Nos. 1 to 4 (collectively, “the contesting Defendants”) from using the domain name secondshaadi.com in any manner, including as part of the domain name for their web-based matrimonial services. The Plaintiff also seeks to restrain the contesting Defendants from “passing off” their website as that of the Plaintiff. The final relief sought is to restrain Defendant No. 5, a webhost and a domain name registrar, from hosting the contesting Defendants’ website, and to direct it to de-register or terminate the contesting Defendants’ domain name registration.

2. When the suit was first filed, there was a complaint that the contesting Defendants had used articles and material from the Plaintiff’s website. This has been resolved since. Both sides accept this.

3. The Plaintiff belongs to the People Group of Companies. It owns several well-known websites, brands and trade marks. Among these are the marks Shaadi.com and Shadi.com. The 1st Defendant is registrant of the domain name www.secondshaadi.com. Defendant Nos. 1, 3 and 4 are Directors of the 2nd Defendant. The website is operated through the 2nd Defendant.

4. In 1996, one Siddharth Meht












































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