MATTEL, INC Vs. JAYANT AGARWALA

JUDGEMENT

(1.) This hearing has been done hybrid mode.

(2.) The long journey of the dispute between 'SCRABBLE' and 'SCRABULOUS' has ended with an amicable settlement between the parties. The Plaintiff No.1 - M/s Mattel Inc. and its associated companies had filed the present suit seeking permanent injunction, restraining infringement of registered trademarks, infringement of copyright, dilution, passing off, rendition of accounts, damages and delivery-up. The Plaintiffs claim rights in the trademark 'SCRABBLE' which has been used in respect of a highly popular word-based board game, as also the various elements including the structure of the board, the pattern, the manner in which the game is played, etc. On the other hand, the Defendants had launched an online game under the name 'SCRABULOUS'

(3.) In the present suit, some interim directions were passed vide order dtd. 17/9/2008. The operative portion of the said order is extracted below: