GROUPON, INC Vs. MOHAN RAO AND ORS.

JUDGEMENT

(1.) This suit is coming up for ex parte final arguments before this Court today pursuant to the Order dated 3.7.2015 passed by the Joint Registrar.

(2.) The subject suit is a suit filed by the plaintiff seeking injunction against passing off by the defendants of the trade mark 'GROUPON' of the plaintiff.

(3.) Plaintiff and its predecessors-in-title since the year 2002 have been using the trade mark 'GROUPON' offering online audiences, daily discounts on products and services. The business of the plaintiff is conducted through the website www groupon.com and whereby plaintiff gives out daily deals on the best products and services with respect to what to do, see, eat and buy in more than 500 markets in 40 countries. Plaintiff and its predecessors-in-title have used the trade mark for promotion of requisite goods and services of other companies and business such as retail outlets, cafes, restaurants, events etc. In order to qualify for the discount coupons offered by the plaintiff, the users of the website www groupon.com are required to sign up for the deal offered on the website on the particular day as a group i.e a minimum number of people. The 'GROUPON' discount coupon is used as the trade mark 'GROUPON' of the plaintiff which is a coined word from two words 'group' and 'coupon'. The website of the plaintiff averages about 1,50,000,00/- unique visitors per day. Plaintiff claims to have international goodwill and spillover reputation in India on account of access to their websites from India and also on account of worldwide advertisement and promotion expenses.