1. "Whats in a name? That which we call a rose, By any other name would smell as sweet"

Would have been acceptable to Shakespeare, but certainly not to WIPO. Today everything is in a name, if the name had acquired significance as a trademark. William Murray, First Earl of Mansfield observed in Morgan vs. Jones, that "most of the disputes in the world arise from words".

BACKGROUND OF THE LITIGATION ON HAND

2. The case of the plaintiff, as reflected in the plaint, is that it is a company rendering online matrimonial services, using internet as a vehicle/platform. The plaintiff has several matrimonial web portals including 15 regional portals, catering to the needs of millions of Indians living in India and outside. Mr.Janakiraman Murugavel, promotor/ founder Director of the plaintiff adopted a host of trademarks and obtained registration thereof. The plaintiff-company also adopted a few trademarks and obtained registration thereof in its own name. By virtue of a Deed of Assignment dated 16. 2006, the trademarks registered in the name of Mr.J.Murugavel were assigned in favour of the company by name Bharat Matrimony.Com Pvt. Ltd. In the year 2008, the name of the company was changed to Consim Info Pvt. Ltd., which is the plaintiff herein.

3. Therefore, by virtue of the Deed of Assignment and by virtue of the registrations made in its own name, the plaintiff-company has become the Proprietor of the registered trademarks, listed in column No.3 of the following table, with the registration numbers given against them each in column No.2 thereof, in respect of the goods and services falling under the Classes indicated in column No.4 thereof:-

S.No.

Registration No.

Mark

Class

1

1306407

ASSAMESEMATRIMONY

16

2

1535126

ASSAMESEMATRIMONY

42

3

1335999

BHARATMATRIMONY

16

4

1346517

BHARATMATRIMONY CENTRE

16

5

1306408

BENGALIMATRIMONY

16

6

1306409

GUJARATIMATRIMONY

16

7

1306410 HINDIMATRIMONY 16

8 1306411 KANNADAMATRIMONY 16

9 1306413 KERALAMATRIMONY 16

10 1345784 MATRIMONY STAMP 16

11 1306412 MARATHIMATRIMONY 16

12 1306414 MARWADIMATRIMONY 16

13 1535128 MUSLIMMATRIMONIAL 42

14 1306415 ORIYAMATRIMONY 16

15 1306417 PARSIMATRIMONY 16 16 1306416 PUNJABIMATRIMONY 16

17 1306418 SINDIMATRIMONY 16

18 1124035 MEGA SWAYAMVARAM – TAMILMATRIMONY.COM 16

19 1306419 TAMILMATRIMONY 16

20 1306420 TELUGUMATRIMONY 16

21 1535127 URDUMATRIMONY 42

22 1548863 BHARATMATRIMONY 35, 42

4. The grievance of the plaintiff, in a nutshell, is that the defendants 2 to 4, who also have matrimonial web portals, rendering online matrimonial services in the internet, advertise their services in the search engine "Google", by adopting adwords and texts, which are exactly identical or deceptively similar to the registered trademarks of the plaintiff. With this grievance, the plaintiff has come up with the above suit, praying for the following reliefs:-

.(a) A permanent injunction restraining the defendants, by themselves, their directors, partners, men, servants, agents, broadcasters, representatives, advertisers, franchisees, licensees and/or all other persons acting on their behalf from in any manner infringing and/or enabling others to infringe the plaintiffs registered trademarks BHARATMATRIMONY, TAMIL MATRIMONY, TELUGUMATRIMONY, etc., a list whereof is annexed hereto and marked as Annexure-A and/or its variants by including them jointly or severally as "Adwords", "Keyword Suggestion Tool" or as a keyword for internet search or as meta tag in any other manner whatsoever;

.(b) A permanent injunction restraining the defendants, by themselves, their directors, partners, men, servants, agents, broadcasters, representatives, advertisers, franchisees, licensees and/or all other persons acting on their behalf from in any manner diverting the plaintiffs business to its competitors by using first defendants search engine in which the plaintiffs trademarks and domain names BHARATMATRIMONY.COM, TAMILMATRIMONY .COM, etc., a list whereof is annexed hereto and marked as Annexure-A and/or