GOVERNMENT E MARKETPLACE Vs. UNILEX CONSULTANTS

JUDGEMENT

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

(2.) The present suit has been filed by the Plaintiff - The Government E Marketplace (hereinafter 'GeM'), which is a National Public Procurement portal and end to end online marketplace from where both Central and State Government Ministries /Departments, CPSUs and SPSUs effect the procurement of goods and services. The mark used by the Plaintiff is GeM along with the logo, which is depicted below:

(3.) The case of the Plaintiff in the present suit is that there are several parties, who are either registering GeM in respect of procurement of goods and services as a domain name or using the term GeM as a URL extension of their usual websites. Some of the parties are providing services to enable businesses to register on the GeM portal. Therefore, the Plaintiff is aggrieved by the fact that the Defendants seemed to be claiming to the public at large, that they are associated with the Plaintiff, thereby misrepresenting their status qua the Plaintiff and also adversely impacting the Plaintiffs brand equity and goodwill. In the present case, the following URLs have been impugned: