Plaintiffs established proprietary rights over the mark 'APNA', and the court found sufficient grounds for passing off against the defendants for using a similar mark, leading to a permanent injunction.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit has been filed seeking permanent injunction restraining passing off, rendition of accounts, damages, delivery up, and other reliefs. The Plaintiffs claim to be the owner and proprietor of the mark `APNA' used in respect of a mobile and web-based portal, namely `APNA JOB SEARCH' which is a networking platform that connects job seeking individuals with potential employers.

3. The case of the Plaintiffs is that the mark `APNA' forms a key and essential feature of the corporate name of the Plaintiffs, as well as, the name of the Plaintiffs' mobile application `APNA JOB SEARCH App', as also, the primary business domain name being `www.apna.co'. The Plaintiffs case is that through its unique networking platform, the aim is to create better economic opportunities for the blue/grey workforce around the world by helping the job seekers to unlock unique networking and other related opportunities. The Plaintiffs also provide English language proficiency services and online vocational training through the `APNA' application and website. It is submitted that the Plaintiffs, apart from a very large candidate pool, also offer a superior technological solution and use artificial intelligence to ensure the highest level of accuracy in matches, making it easier for both the job seeker and the prospective employer. As per the Plaint, the Plaintiffs claim to have facilitated over four lakh professional conversations between job seekers and prospective employers.

4. The Plaintiffs adopted the mark `APNA' as a corporate name/mark on 24th April, 2019 with the incorporation of Plaintiff No.2 in the United States, and thereafter, the incorporation of Plaintiff No.1 in India on 9th May, 2019. The Plaintiffs registered the domain and launched a website being www.apna.co for this purpose on 6th June, 2019. Thereafter, a mobile application under the trademark `APNA JOB SEARCH' was launched on the Google Play Store on 26th July, 2019. The Plaintiffs' mobile application is stated to be available in many vernacular languages. The Plaintiffs' mobile application offers search services at the lowest cost in the industry and has assisted more than 1.2 million individuals to secure interviews with over 25,000 potential employers within a span of one year of its launch. The Plaintiffs' business is also stated to be the first start-up to attain unicorn status in less than two years.

5. By virtue of the continuous and uninterrupted use of the mark `APNA', both as a standalone mark and in the form of prefix to other variant marks, as also, the promotional expenditure of the Plaintiffs, the mark of the Plaintiffs has attained immense goodwill and reputation. The Plaintiffs have also obtained various registrations in respect of the mark `APNA' and the details of the same have been set out in the Plaint.

6. The grievance of the Plaintiffs is that, sometime in the month of September, 2021, the Plaintiffs came across the Defendants' website being `www.apnashareapp.com', as also, their mobile application being `APNA SHARE APP'. A perusal of the website and mobile application indicated the Defendant No.1 is providing an online learning platform where individuals can share and learn skills from experienced professionals which will further help them secure jobs or succeed at their present jobs. Thus, it is the case of the Plaintiffs that the Defendants are providing identical services under a mark which identical to that of the Plain