Court Orders Permanent Injunction Against Defendants for Unauthorized Use of Similar Domain, Awards Rs.25 Lakh in Costs to Plaintiff
In a significant judgment, the Bombay High Court has ruled in favor of People Interactive India Private Limited, the proprietors of the well-known matrimonial website "Shaadi.com," in a case concerning trademark infringement and passing off. The court, presided over by Justice Arif S. Doctor, decreed a permanent injunction against the defendants for using the deceptively similar domain name "getshaadi.com," which the court found infringed upon the registered trademark "Shaadi.com."
The plaintiff, a recognized entity within the matchmaking industry, operates under the brand "Shaadi.com," and contended that the defendants' use of the domain "getshaadi.com" constituted infringement, passing off, and dilution of their trademark. The court noted that the addition of "get" did not significantly differentiate the impugned domain from the plaintiff's trademark, which enjoys substantial goodwill and public recognition.
The defendants, despite being duly served, did not appear in court or contest the proceedings, leading to an ex-parte hearing. The court observed that the defendants' actions, including the use of the plaintiff's trademark as meta tags and keywords, were deceptive and amounted to hijacking the plaintiff's reputation and diverting internet traffic away from the plaintiff's website.
The judgment emphasized that domain names serve as business identifiers and are entitled to protection under the Trade Marks Act, 1999. The court underscored the importance of protecting well-known trademarks and held that the defendants' conduct amounted to online piracy.
In addition to granting a permanent injunction, the court awarded costs of 25 lakh to the plaintiff, reflecting the defendants' dishonest conduct and failure to engage in the judicial process. The court's decision reinforces the legal safeguards available to trademark proprietors in India and underscores the judiciary's commitment to upholding intellectual property rights.
Bottom Line:
Trade Mark Law - Protection of well-known trade marks - Unauthorized use of domain names deceptively similar to a registered trade mark amounts to infringement, passing off, and dilution of the trade mark.
Statutory provision(s): Sections 2(1)(zg), 28, 29, 11(6), 11(7), 2(b), 2(c) of the Trade Marks Act, 1999; Section 16 of the Commercial Courts Act, 2015; Section 35 of the Code of Civil Procedure, 1908.
