Suit filed for trademark injunction was dismissed as withdrawn by the plaintiff. No order as to costs was passed.
Suit dismissed as withdrawn; connected pending application closed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.603 of 2008 and A.No.2916 of 2010
Consim Info Private Limited, Rep. by its Director, Mr.Janakiraman Murugavel, 301, Prince Centre, III Floor, New No. 248, Anna Salai, (Pathari road) Chennai - 600 006 .. Plaintiff
Vs.
People Interactive (I) Pvt Ltd Represented by its Board of Directors Shop No: 33, 34, 35, 36 Door No:96,104, Ground Floor, Kaveri Complex, Nungambakkam High Road, Near NABARD Bank, Nungambakkam, Chennai - 600034 .. Defendant
This Civil Suit is preferred, under Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC read with Section 29, 134 & 135 of the Trade Marks Act 1999, seeking a permanent injunction restraining the Defendant by itself, its men, servants, agents, domain name owners, distributors, representatives or any one claiming through it from operating a web site or link using as URL or domain name or otherwise the mark "Matrimony 2.0" or using in any manner whatsoever the said mark as corporate name, email id, website address, trading style or service mark or using the said mark in the course of trade or business; or using any mark which is in any manner deceptively similar to the Plaintiff's registered trademark 'BharatMatrimony" registered under No.1335999 and in any manner infringing the Plaintiffs aforesaid registered trade mark; seeking a permanent injunction restraining the Defendant by itself, its men, servants, agents, domain name owners, distributors, representatives or any one claiming through it from operating a web site or link using as URL or domain name or otherwise the mark "Matrimony 2.0" or using otherwise in any manner whatsoever the said mark as corporate name, email id, website address, trading style or service mark or using the said mark in the course of trade or business; or using any mark which is in any manner deceptively similar to the Plaintiff's registered trademark 'Bharat Matrimony" and thereby passing off and/or enabling others to pass off its business and web site as that of the Plaintiffs or doing any act or deed calculated to deceive the consumers; seeking a permanent injunction restraining the Defendant by itself, its men, servants, agents, domain name owners, distributors, representatives or any one claiming through it from in any manner interfering with the Plaintiffs business operations; to direct the Defendant to surrender on oath to the Plaintiff for destruction all pouches, labels, cartons, packages, packing materials, dyes, printing blocks, moulds, screen prints, brochures, pamphlets, stationery, invoices and other marketing and promotional and other materials bearing the mark "Matrimony 2.0" or any
mark or label deceptively similar to Plaintiff's registered trademark "BharatMatrimony"; seeking for a preliminary decree in favour of the Plaintiff, directing the Defendants to render an account of profits made by them by the use of the Trademark "Matrimony 2.0" and for a final decree in favour of the Plaintiff for the amount of the profits found to have been made by the Defendant, after the Defendant have rendered accounts and for Costs.
For Plaintiff : Mr.M.G.Pranava Charan for M/s.Kochhar and Co For Defendant : Ms.C.Uma JUDGMENT
On behalf of plaintiff, a memo dated 04.09.2018 has been filed and the same reads as follows: 'MEMO FILED ON BEHALF OF PLAINTIFF
The counsel for the plaintiff submits as follows:
Dated at chennai on this 4th day of September, 2018.
(s/d) COUNSEL FOR PLAINTIFF'
Kind Attention: Mr.M.G.Pranava Charan, Advocate
Sub: C.S.No.603 of 2008 - Consim Info Private Limited Vs. People Interactive (India) Private limitedwithdrawal of the Suits before High Court of Madras.
That the subject mentioned suit has been filed in the year 2008 by Matrimony.com Limited (Earlier known as Consim Info Private Limited and Matrimony.com Private Limited) before the Hon'ble High court of Madras.
That now the Plaintiff i.e., Matrimony.com Limited wishes to withdraw the subject mentioned suit from this Hon'ble court due to business reasons.
You are requested to intimate our decision to withdraw the subject case to the Honourable High Court and take all necessary steps to withdraw the same.
The Certified true copy of the Name change from Consim Info to Matrimony.com Limited is enclosed herewith for records.
Regards,
For Matrimony.com Limited
(s/d)
S.Ravichandran
General Manager - Legal & Regulatory"
05.09.2018
Speaking/Non-Speaking order
Index : Yes/No
vsm/kan
M.SUNDAR, J. vsm/kan
C.S.No.603 of 2008 and A.No.2916 of 2010
05.09.2018
Consim Info Private Limited
People Interactive (I) Pvt Ltd
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
