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2023 Supreme(Online)(Mad) 100524
MADRAS HIGH COURT
MATRIMONY.COM LTD – Appellant
Versus
ALLTELUGUMATRIMONY – Respondent
CS 72 2019
The use of a deceptively similar mark is likely to cause confusion in the minds of the public and amounts to infringement and passing off.
Headnote:
TRADEMARK - INFRINGEMENT - PASSING OFF - SIMILARITY - TELUGUMATRIMONY - ALLTELUGUMATRIMONY - DECEPTIVE SIMILARITY - INJUNCTION GRANTED.
Fact of the Case:
The plaintiff, Matrimony.com Limited, is the registered proprietor of the trademark "TELUGUMATRIMONY" in Classes 9, 16, 35 and 45. The defendant, Alltelugumatrimony, used the deceptively similar mark "ALLTELUGUMATRIMONY" for its domain name. The plaintiff filed a suit for infringement and passing off.
Finding of the Court:
The court found that the defendant's mark was deceptively similar to the plaintiff's registered trademark and was likely to cause confusion in the minds of the public. The court also found that the defendant had infringed the plaintiff's trademark and had passed off its services as that of the plaintiff.
Issues: Whether the defendant's mark was deceptively similar to the plaintiff's registered trademark?
Ratio Decidendi: The court held that the defendant's mark was deceptively similar to the plaintiff's registered trademark and was likely to cause confusion in the minds of the public. The court also found that the defendant had infringed the plaintiff's trademark and had passed off its services as that of the plaintiff.
Final Decision: The court granted a permanent injunction restraining the defendant from using the mark "ALLTELUGUMATRIMONY" and from infringing the plaintiff's trademark.
Civil Suit No.72 of 2019 and A.Nos.74, 75 and 76 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Civil Suit No.72 of 2019
and A.Nos.74, 75 and 76 of 2019
M/s.Matrimony.com Limited,
No.94, TVH Beliciaa Towers,
Tower-2, 10th Floor,
MRC Nagar, Mandaveli,
Chennai – 600 028
Rep. by its General Manager – Legal & Regulatory,
Mr.S.Ravichandran
..Plaintiff
.Vs.
Alltelugumatrimony
House No:3-8/475
Suryodaya Colony,
Road No.1, Beside Kamineni Hospital,
L.B.Nagar, Hyderabad – 500 074.
..Defendant
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side
Rules read with Order VII Rule 1 CPC, Sections 27, 28, 29, 134 & 135 of the
Trade Marks Act, 1999 and Section 7 of the Commercial Courts, Commercial
Division and Commercial Appellate division of High Courts Act No.4 of 2016,
praying to pass a judgment and decree for:-
1/19
https://www.mhc.tn.gov.in/judis
Civil Suit No.72 of 2019 and A.Nos.74, 75 and 76 of 2019
(a) a permanent injunction restraining the defendant, 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 plaintiff's
registered trademark, "TELUGUMATRIMONY" and/or its variants by including
them jointly or severally as domain name, Keyword Suggestion Tool, for Search
Engine Optimization, keyword in the internet search or as meta tag in any other
manner whatsoever;
(b) a permanent injunction restraining the defendant, by themselves, their
directors, partners, men, servants, agents, broadcasters, representatives,
advertisers, franchisees, licensees and/or all ther persons acting on their behalf
from in any manner diverting the plaintiff's business to themselves by using the
plaintiff's trademarks and domain names "TELUGUMATRIMONY" and/or its
variants, for Search Engine Optimization, Keyword Suggestion Tool, as a
keyword for the internet search and/or as meta tags and thereby passing off and
enabling others to pass off the business and services of the defendant as that of
the plaintiff or in any other manner whatsoever;
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https://www.mhc.tn.gov.in/judis
Civil Suit No.72 of 2019 and A.Nos.74, 75 and 76 of 2019
(c) a permanent injunction restraining the defendant, themselves, their
partners, successors-in-business, servants, agents, representatives, assigns and
all other persons claiming under them and through them to delete the domain
www.alltelugumatrimony.com or any other domain name that is identical and/or
deceptively similar to that of the plaintiff's domain name
www.telugumatrimony.com in any manner whatsoever;
(d) the defendants be directed to surrender to the plaintiff for destruction
all compact discs, master copy, advertising materials, pamphlets, brochures, etc,
which bears the plaintiff's registered trademarks and/or any other variants which
is phonetically and/or deceptively identical and/or similar to the plaintiff's
registered trademarks or in any other form whatsoever;
(e) award damages of Rs.10,00,000/- for infringing and/or for passing off
and/or for enabling others to infringe and/or pass off the plaintiff's trademarks
and domain names;
(f) a preliminary decree be passed in favour of the plaintiff directing the
Defendant to render account of profits made by use of the plaintiff's trademarks
and final decree be passed in favour of the plaintiff for the amount of profits
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https://www.mhc.tn.gov.in/judis
Civil Suit No.72 of 2019 and A.Nos.74, 75 and 76 of 2019
thus found to have been made by the defendant, after the latter have rendered
accounts;
(g) for costs of the suit.
For Plaintiff : M/s.Arun C. Mohan
For Defendant
: Set exparte
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J U D G M E N T
This suit has been filed for infringement, passing off and
