The plaintiff filed a suit for permanent injunction and account of profits against the defendant for trademark infringement. By the defendant's non-appearance and the plaintiff's subsequent application to withdraw the suit, the court dismissed the matter as withdrawn.
The suit was dismissed as withdrawn. 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: 07.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.99 of 2008 Consim Info Private Limited, 301, Prince Centre, III Floor, New No. 248, Anna Salai, (Pathari road) Chennai - 600 006 .. Plaintiff
Vs.
Mr.Vinu Mohan Bharthmatrimony.net P.B.No.36069 Dubai UAE .. 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 27, 134 & 135 of the Trade Marks Act 1999, seeking a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors or anyone claiming through them from infringing the Plaintiff's Trademarks "Hindimatrimony, BharathMatrimony, Tamilmatrimony, Keralamatrimony, Gujaratimatrimony, Oriyamatrimony, marathimatrimony, Marwadimatrimony, Bengalimatrimony, Parsimatrimony, Punjabimatrimony, Telugumatrimony, Kannadamatrimony, Assamesematrimony, Sindhimatrimony, by using them as part of the domain name of the defendant or as his trademark/website/Internet address, e-mail id/trading style or corporate name/service mark or by using any other Trade Mark which is in any way visually, phonetically or deceptively similar to the Plaintiff's Registered Trade Marks in the course of his trade and business; seeking a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors or anyone claiming through them from using letter heads, exhibits or any other stationery/material containing the Trademarks Hindimatrimony, BharathMatrimony, Tamilmatrimony, Keralamatrimony, Gujaratimatrimony, Oriyamatrimony, marathimatrimony, Marwadimatrimony, Bengalimatrimony, Parsimatrimony, Punjabimatrimony, Telugumatrimony, Kannadamatrimony, Assamesematrimony, Sindhimatrimony, in the course of his trade and business; seeking a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors or anyone claiming through them from passing off the defendant's website Hindimatrimony.net, BharathMatrimony.net, Tamilmatrimony.net, Keralamatrimony.net, Gujaratimatrimony.net, Oriyamatrimony.net, marathimatrimony.net, Marwadimatrimony.net, Bengalimatrimony.net, Parsimatrimony.net, Punjabimatrimony.net, Telugumatrimony.net, Kannadmatrimony.net, Assamesematrimony.net and Sindhimatrimony.net and in any manner passing off and/or enabling others to pass off the Defendant's websites as and for the Plaintiff's websites or doing any act or deed calculated to deceive the consumers; seeking for a preliminary decree in favour of the plaintiffs, directing the Defendants to render an account of profits made by them by the use of the Trademarks Hindimatrimony.net, BharathMatrimony.net, Tamilmatrimony.net, Keralamatrimony.net, Gujaratimatrimony.net, Oriyamatrimony.net,
marathimatrimony.net, Marwadimatrimony.net, Bengalimatrimony.net, Parsimatrimony.net, Punjabimatrimony.net, Telugumatrimony.net, Kannadmatrimony.net, Assamesematrimony.net and Sindhimatrimony.net and for a final decree in favour of the plaintiffs for the amount of the profits found to have been made by the Defendants, after the Defendants have rendered accounts and for costs.
For Plaintiff : Mr.M.G.Pranava Charan
For Defendant : No Appearance
JUDGMENT
Mr.Pranava Charan, learned counsel is before this Commercial Division on behalf of the sole plaintiff. Learned counsel has filed a memo dated 04.09.2018 signed by the counsel on record for plaintiff and the said memo reads as follows:
"MEMO FILED ON BEHALF OF PLAINTIFF
The counsel for the Plaintiff submits as follows:
The Plaintiff filed the above suit in the year 2008 before this Hon'ble High Court interalia seeking for the following reliefs of granting a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors or anyone claiming through them from infringing the Plaintiff's Trademarks " Hindimatrimony, BharathMatrimony, Tamilmatrimony, Keralamatrimony, Gujaratimatrimony, Oriyamatrimony, marathimatrimony, Marwadimatrimony, Bengalimatrimony, Parsimatrimony, Punjabimatrimony, Telugumatrimony, Kannadmatrimony, Assamesematrimony, Sindhimatrimony , by using them as part of the domain name of the defendant or as his trademark/website/Internet address, e-mail id/trading style or corporate name/service mark or by using any other Trade Mark which is in any way visually, phonetically or deceptively similar to the Plaintiff's Registered Trade Marks in the course of his trade and business.
In light of the aforesaid, it is most respectfully prayed that this Hon'ble Court may be dismiss the suit as withdrawn and pass such further or other orders as this Hon'ble Court deems fit and necessary in this case and thus render justice.
Dated at Chennai on this 4th Day of September, 2018
Sd/-
COUNSEL FOR PLAINTIFF"
"27.08.2018 To
Kochhar & Co,/Sivam Sivanandaraj, Suite 305, Delta Wing, 3rd Floor, 'Raheja Towers' #177, Anna Salai,
Chennai-600 002.
kind Attention: Mr.M.G.Pranava Charan, Advocate. Sub:C.S.No.99 of 2008-Consim Infor Private Limited Vs.Vinu Mohan-Reg.
That the subject mentioned suit was 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. In the said proceeding, the matter was posted for recording ex-parte evidence by an order dated 08.11.2010 and the same is pending till date.
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.
The Certified true copy of the Name change from Consim Info to Matrimony.com Limited is enclosed herewith for records.
You are requested to intimated our decision to withdraw the subject case to the Hon'ble Madras High Court and take all necessary steps to withdraw the same.
Regards,
For Matrimony.com Limited
Sd/-
S.Ravichandran
General Manager - Legal & Regulatory."
07.09.2018
gpa/kan
Note: Issue order copy on 11.09.2018
M.SUNDAR, J. gpa/kan
C.S.No.99 of 2008
07.09.2018
2 issues framed by the court
Whether to dismiss the suit for trademark infringement as withdrawn by the plaintiff.
Whether to grant any order regarding costs on withdrawal.
5 provisions across 2 enactments
Consim Info Private Limited
Vinu Mohan
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
