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2010 Supreme(Mad) 4291

V.RAMASUBRAMANIAN
Consim Info Pvt. Ltd – Appellant
Versus
Google India Pvt. Ltd & Others – Respondent


Advocates appeared:
For the Petitioner:T.V. Ramanujun, Senior Counsel for A.A. Mohan, Advocate.
For the Respondents:R1 - P.S. Raman, Senior Counsel for Sajjan Poovaiah, R2 - Vineet Subramani, R3 - Satish Parasaran, R4 - Arvind P. Datar, Senior Counsel for S. Mothilal, Advocates.

Judgment

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











































































































































































































































































































































































































































































































































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