Disposed
Google Llc v. M/s.Matrimony.Com Limited, and 4 others
Madras HCA/2766/2021
Case brief
from the order text
What is this about?
in C.S.(Comm. Div.) No.832 of 2009 A.No.2766…
What the court decided
AI extract
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A.No.2766 of 2021 in C.S.(Comm. Div.) No.832 of 2009
A.No.2766 of 2021 in C.S.(Comm. Div.) No.832 of 2009
DR.G.JAYACHANDRAN, J.
Heard the learned counsel for the applicant who is the 5th defendant in
this case.
exclusiveness for the domain word “Matrimony” and other allied names which
has been used for their website to commercialise their service. This 5th
defendant is only a service provider, his platform is used by the rival traders for marketing their products. This application is filed to frame an issue regarding
the validity of all the trademarks which are the subject matter of the suit and form part and parcel of the schedule plaint.
defendants have challenged only three trademarks pertaining to Assamese Matrimony, Bengali Matrimony and Gujarati Matrimony before the Intellectual
Property Appellate Board. In so far as these three domain are concerned, this
Court after hearing the contesting defendants had suo motu framed an additional issue on 27.07.2021.
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A.No.2766 of 2021 in C.S.(Comm. Div.) No.832 of 2009
provider wants to include all the 22 websites is the subject matter of the suit, but not disputed barring three. In the view of this Court, it is not necessary to decide the validity of the domain names, which are not challenged. However, the 5th defendant has pointed out the error crept in the trademark numbers
mentioned in the additional issue, hence the same needs to be rectified.
the error in mentioning the registration number is rectified and the additional issue is recasted as below:
Plaintiff's trademark No.1306407 class 16 for Assamese Matrimony, Trademark No.1306408, class 42 for Bangali Matrimony and Trademark No.1306409 for Gujarati Matrimony.
rpl
13.08.2021
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A.No.2766 of 2021 in C.S.(Comm. Div.) No.832 of 2009
DR.G.JAYACHANDRAN, J.
rpl
A.No.2766 of 2021
in C.S.(Comm. Div.) No.832 of 2009
13.08.2021
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5th Defendant
Dr. G. Jayachandra
As recorded by the court registry
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