This judgment records the dismissal of a civil suit filed for trademark and copyright infringement as it was withdrawn by the plaintiff midway through proceedings.
The suit is dismissed as withdrawn.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.
C.S.No.665 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.665 of 2014
M/s.Puravankara Projects Limited,
No.7, LVR Center, Ground Floor,
Seshadri Road, Alwarpet,
Chennai - 600 018
Rep.by its Authorized Signatory,
Mr.S.Karthik .. Plaintiff
/versus/
1.Saurabh Singh
2.Godaddy India Domains and
Hosting Services Pvt Ltd.,
Flat 101, Sai Krishna Enclave,
6-1-132/99, Plot No.99, Skandagiri,
Padmarao nagar, Secunderabad - 500 061.
3. Google India Pvt.Ltd.,
Block 1, Divyasree Omega,
Survey No.13, Kondapur Village
Hyderabad 500 032
Andhra Pradesh,
India.
Defendants 2 & 3 are deleted as
per order dated 12.02.2015 in A.No.7617/2014
and A.No.7407 of 2014 and time extended as per
order dated 22.04.2015.
4. M/s.Godaddy.com LLC
14455, N.Hayden Road,
#219, Scottsdale,
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C.S.No.665 of 2014
Arizona 85260, United States of America.
.. Defendants
This Civil Suit is filed under Order VII Rule 1 read with Order IV Rule 1 OS Rules read with Sec.134 of the Trademarks Act, 1999 and Section 62 of the Copyright Act,1957, prayed for
(a) Permanent Injunction restraining the defendants, their servants, representatives, agents and distributors from in any manner infringing the plaintiffs registered trademark under No.1185286 in Class 19 and other registrations with the word PURAVANKARA by using the name PURAVANKARA PROJECTS or PURAVANKARA or any other deceptively similar name thereto in their domain names, websites, blogs or in any other manner whatsoever;
(b) Permanent Injunction restraining the defendants, their servants, representatives, agents, and distributors from in any manner committing acts of copyright infringement by using the artistic work PURAVANKARA in their websites, blogs or anywhere else which is identical to the plaintiff copyright over the artistic work PURAVANKARA label or in any other manner whatsoever;
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C.S.No.665 of 2014
(c) Permanent Injunction restraining the defendants, their servants, representatives, agents, and distributors from in any manner passing off or enabling others to pass off the defendant's domain name, website as and for the plaintiff's domain names, web sites etc., or in any other manner so as to cause confusion and also deception among the users of the internet or in any other manner whatsoever;
(d) Mandatory Injunction directing the 2nd and 3rd defendant for removing the domain or website www.puravankaraprojects.com and any contents, material, promotions or advertisements etc., from the website www.puravankaraprojects.com which are defamatory to the plaintiff's reputation and transfer the said domain name to the plaintiff or its authorized representative;
(e) Pay damages to the tune of Rs.25,00,000/- to the plaintiff on account of the defamatory allegations made by the 1st defendant in the website www.puravankaraprojects.com;
(f) Costs of the suit.
For plaintiff : Mr.R.Sathish Kumar
For D2 : M/s.Daniel Glady For D5 :M/s.Poovayya & Co.
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C.S.No.665 of 2014
JUDGMENT
A memo had been forwarded by the learned counsel for the
plaintiff stating that he had been instructed the authorized signatory of
the plaintiff to withdraw the suit as the principal claim has been
redressed.
2. Along with the memo, an E-mail addressed to the learned
counsel dated 19.07.2020 has also been enclosed.
3. In view of this, the Civil Suit is dismissed as withdrawn.
No order as to costs.
27.07.2020
nvi
Speaking Order / Non-Speaking Order
Internet : yes/no
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C.S.No.665 of 2014
C.V.KARTHIKEYAN,J.
nvi
C.S.No.665 of 2014
27.07.2020
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M/s. Puravankara Projects Limited
Saurabh Singh
Godaddy India Domains and Hosting Services Pvt Ltd.
Google India Pvt.Ltd.
M/s. Godaddy.com LLC
Google Inc.
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
