The Madras High Court disposed of a civil suit and connected applications seeking permanent and mandatory injunctions regarding trademark infringement of FLINTOBOX on Google advertisements. The court dismissed the suit as withdrawn by the plaintiff.
The suit was dismissed as withdrawn; connected applications were closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 1ST DAY OF JULY, 2021
THE HON'BLE DR. JUSTICE G. JAYACHANDRAN
C.S. (Comm.Div.) No.733 of 2018 &
O.A No.978 of 2018
&
A. NO. 5840 and 6006 of 2019
Flinto Learning Solutions Private Limited
a company duly incorporated under the provisions of the Companies Act, 1956 Rep. by its Director Mr.D. Arunprasad And having its office at Bharani Flats, Flat-G1, Block-2, No.1, S.M. Narayan Nagar, Anna Nagar West Extension, Chennai 600 101, Tamil Nadu. Also at G2, No. 36, Chandrasekaran Avenue 2nd Main Road, Thoripakkam, Chennai 600 097, Tamil Nadu.
..Plaintiff/Applicant
(in O.A. No. 978 of 2018)
Vs.
2. Google India Private Limited
https://hcservices.ecourts.gov.in/hcservices/ a company incorporated under the Companies Act 1956
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of the address No.3, RMZ Infinity-Tower E, Old Madras Road, 4th and 5th Floors, Bangalore, 560 016, Karnataka, India
..Defendants/Respondents (in O.A. No. 978 of 2018)
C.S. (Comm.Div.) No. 733 of 2018
Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree for:-
(a) A permanent injunction restraining defendant No.1, its men, agents, servants, licensees, franchisees, distributors, assigns and
representatives or anyone claiming through or under them from infringing the plaintiff's registered trademark “FLINTOBOX” by using it as Google Advertisement keyword or any other mark which is/are identical with and/or deceptively similar to the plaintiff's trademarks either per-se or in combination with any other work/mark, and English or Tamil or any other language, which is identical with and/or deceptively similar to plaintiff's registered trademark “FLINTOBOX”or any other manner whatsoever;
(b) A Mandatory injunction directing defendant No.1 to disclose the https://hcservices.ecourts.gov.in/hcservices/ details of the website traffic received by their use of “FLINTOBOX” as Google Advertisement keyword infringing the plaintiff's registered
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trademark;
(c) The defendant No.1 be ordered to pay to the plaintiff a sum of Rs.25,01,000/- as damages for the act of infringement of Trade Mark committed by defendant No.1;
(d) Directing the defendant No.1 to render a true and faithful account of sales made by sale of products to the users visiting the website of the defendant No.1 after search for the registered trademark “FLINTOBOX” of the plaintiff and the defendant No.1 be further ordered and directed to pay to the plaintiff such amount as may be found due on such account being taken;
(e) For costs of the suit.
O.A. No. 978 of 2018
Original Application praying that this Hon'ble Court be pleased to pass an ad- interim injunction restraining the Respondent No.1, its men, agents, servants, licensess, franchisees, distributors, assigns and representatives or anyone claiming through or under them from infringing the Applicant/Plaintiff's Registered Trademark "FLINTOBOX: by using it as keyword for Google Advertisements or any other mark which is/are identical with and/or deceptively similar to the Applicant/Plaintiff's trademarks either per-se or in combination with any other word/mark, and
https://hcservices.ecourts.gov.in/hcservices/ English or Tamil or any other language, which is identical with and/or
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deceptively similar to Applicant/Plaintiff's registered trademark FLINTOBOX or in any other manner whatsover, pending disposal of the
suit.
A. No. 5840 of 2019
Google LLC a company existing under the laws of the United States of America of the address 1600 Amphitheatre Parkway, Mountain View, California 94043, United States of America
...Applicant
Vs.
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Application praying that this Hon'ble Court be pleased to vacate the
Injunction Order dated 12.11.2018 passed in O.A. No. 978 of 2018 in C.S.
No. 733 of 2018.
A. No. 6006 of 2019
Google India Private Limited a company incorporated under the Companies Act 1956 of the address No.3, RMZ Infinity-Tower E, Old Madras Road, 4th and 5th Floors, Bangalore, 560 016, Karnataka, India
...Applicant
Vs.
Flinto Learning Solutions Private Limited a company duly incorporated under the provisions of the Companies Act, 1956 Rep. by its Director Mr.D. Arunprasad And having its office at Bharani Flats, Flat-G1, Block-2, No.1, S.M. Narayan Nagar, Anna Nagar West Extension, Chennai 600 101, Tamil Nadu. Also at G2, No. 36, Chandrasekaran Avenue 2nd Main Road, Thoripakkam, Chennai 600 097, Tamil Nadu.
...Respondents
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Application praying that this Hon'ble Court be pleased to vacate the Injunction Order dated 12.11.2018 passed in O.A. No. 978 of 2018 in C.S. No. 733 of 2018.
This Suit along with there applications coming on this day before this court for hearing in the presence of Mr. R. Sathish Kumar, Advocate for the plaintiff in C.S. No. 733 of 2018 and for the applicant in O.A. No. 978 of 2018 and for the 1st respodent in A. Nos. 5840 and 6006 of 2019 and Mr. R.S. Diwaagar, Advocate for the 2nd defendant in C.S. No. 733 of 2018 and for the 2nd respondent in O.A. No. 978 of 2018 and A. No. 5840 of 2019 and for the applicant in A. No. 6006 of 2019 and Mr. G. Balasubramanian, Advocate for the 3rd defendant in C.S. No. 733 of 2018 and for the 3rd respondent in O.A. No. 978 of 2018 and A. No. 6006 of 2019 and for the applicant in A. No. 5840 of 2019 and upon reading the plaint filed in C.S. No. 733 of 2018 and the Judge's Summons and affidavit of R. Suresh Babu filed in A. No. 5840 of 2019 and the Judge's Summons and the affidavit of Gitanjli Duggal filed in A. No. 6006 of 2019 and the order dated 26/11/2018 made in O.A. No. 978 of 2018 and the learned counsel for the plaintiff has filed a memo dated 29/06/2021 to withdraw the suit, and this court doth recording the same, it is ordered as follows:-
That the suit in C.S. No. 733 of 2018, be and is hereby dismissed as https://hcservices.ecourts.gov.in/hcservices/ withdrawn.
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stand closed.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 1ST DAY OF JULY 2021.
Sd/ASSISTANT REGISTRAR (COMM. CASES) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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VF - 09/08/2021
C.S. (Comm.Div.) No.733 of 2018 and
O.A No.978 of 2018 and
A. Nos. 5840 and 6006 of 2019
ORDER :-
DATED: 01/07/2021
THE HON'BLE DR. JUSTICE G. JAYACHANDRAN
FOR APPROVAL:
APPROVED ON:
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.07.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.733 of 2018 and
A.Nos.5840 & 6006/2019 & O.A.No.978/2018
Flinto Learning Solutions Private Limited, a Company duly incorporated under the provisions of the Companies Act, 1956 Rep.by its Director Mr.D.Arunprasad And having its office at Bharani Flats, Flat-G1, Block-2, No.1, S.M.Narayan Nagar, Anna Nagar West Extension, Chennai 600101, Tamilnadu. .. Plaintiff
/versus/
a company incorporated under the Companies Act, 2013 Plot No.13, Floor 3rd G.T.Road, Block-D, Landmark Opp Rana Pratab Bagh, CC Colony, New Delhi-110007.
2.Google India Private Limited a company incorporated under Companies Act, 1956 of the address No.3, RMZ Infinity-Tower E, Old Madras Road, 4th and 5th Floors, Bangalore-560016, Karnataka, India.
a company existing under the laws of the United States of America,
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of the address 1600 Amphitheatre Parkway, Mountain View, California 94043, United States of America. .. Defendants
This Civil Suit is filed under Order IV Rule 1 Original Side Rules read with Order VII Rule 1 of CPC Read With Sections28, 29, 134 and Sections 135 of the Trademarks Act 1999 & Proviso 1 to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, No.4 of 2016, prayed for (a) A permanent injunction restraining defendant No.1, its men, agents, servants, licensees, franchisees, distributors, assigns and representatives or anyone claiming through or under them from infringing the plaintiff's registered trademark “FLINTOBOX” by using it as Google Advertisement keyword or any other mark which is/are identical with and/or deceptively similar to the plaintiff's trademarks either per-se or in combination with any other work/mark, and English or Tamil or any other language, which is identical with and/or deceptively similar to plaintiff's registered trademark “FLINTOBOX”or any other manner whatsoever;
(b) A Mandatory injunction directing defendant No.1 to disclose the details of the website traffic received by their use of “FLINTOBOX” as Google Advertisement keyword infringing the plaintiff's registered trademark;
(c) The defendant No.1 be ordered to pay to the plaintiff a sum of Rs.25,01,000/- as damages for the act of infringement of trademark https://hcservices.ecourts.gov.in/hcservices/ committed by defendant No.1;
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(d) Directing the defendant No.1 to render a true and faithful account of sales made by sale of products to the users visiting the website of the defendant No.1 after search for the registered trademark “FLINTOBOX” of the plaintiff and the defendant No.1 be further ordered and directed to pay to the plaintiff such amount as may be found due on such account being taken;
(e) For costs of the suit.
For plaintiff : Mr.R.Sathish Kumar
For Defendants : Mr.R.S.Diwaagar for D2
: Mr.G.Balasubramanian for D3
JUDGMENT
The learned counsel for the plaintiff has filed a memo to withdraw the
suit.
Consequently, connected applications are also closed. There shall be no order as to costs.
Sd./- G.J.J., 01.07.2021
// Certified to be true copy// Dated at Madras this day of 2021.
Court Officer(O.S.)
From 25th day of September 2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether to allow the suit for trademark infringement filed by Flinto Learning Solutions against Google entities and Imagismart.
2 provisions across 2 enactments
Flinto Learning Solutions Private Limited
Imagismart Solutions Private Limited
Google India Private Limited
Google LLC
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
