INFOSYS TECHNOLOGIES LIMITED Vs. PRAVARTHAN INFOSYS PVT LTD

JUDGEMENT

(1.) This suit was instituted by the plaintiff for permanent injunction, infringement of trademark, passing off, delivery up etc. On 18.7.2005 this court registered the plaint as a suit and directed the issuance of summons to the defendants. In response to the summons issued to the defendants, a written statement on behalf of the three defendants was received by the registry by post and the same has been placed on record. When the matter was posted before the Joint Registrar on 12.1.2006, there was no appearance on behalf of the defendants and, accordingly, it was directed that this matter be posted before court on 22.2.2006 i.e., today.

(2.) Mr Manmohan Singh, who appears for the plaintiff, submits that the written statement filed on behalf of the defendants itself reveals that the prayer of injunction sought in the plaint can be granted straightaway. He submitted that the plaintiff is the proprietor of the trademark INFOSYS, details of which are given in paragraph 7 of the plaint. In paragraph 16 of the plaint, it is stated that on or about the first week of April, 2005, the plaintiff conducted a survey at Chennai and discovered that the defendants were using the expression "INFOSYS" as a prominent part of their corporate name/trademark and were involved in the business of web designing, web hosting, web development and maintenance which is similar to the business of the plaintiff. The plaintiff also came across the website "pravarthaninfosys.com". A copy of the printout of the homepage of the said website is at page 95 of the documents filed along with the plaint. He submitted that it is clear that INFOSYS a prominent part of the corporate name / trade name as well as the domain name of the defendants and the same was being used by the defendants.

(3.) Mr Singh next drew my attention to paragraph 3 of the written statement of the defendants 1, 2 and 3 wherein the defendants have stated that they formed a company under the name Pravarthan Infosys Pvt Ltd on 15.10.2003. It is also admitted in the said paragraph that the plaintiff had issued a legal notice dated 27.4.2005 requesting the defendants to immediately cease and desist from further use in any manner whatsoever of the expression INFOSYS as part of their corporate name, business name, trade name and/or domain name. It is stated that the defendants sent a reply dated 14.5.2005 to the plaintiff stating that the name of the company (defendant No.1) had since been changed from "Pravarthan Infosys Pvt Ltd" to "Pravarthan Infotech Pvt Ltd" and the certificate issued by the Registrar of Companies was also enclosed. It is in this context that the defendants, in paragraph 4 of the written statement, have submitted that this suit had become infructuous. A copy of the fresh certificate of incorporation consequent on change of name was also filed. This apparently was issued on 24.5.2005. Therefore, going by the statements contained in the written statement as well as the copy of the fresh Certificate of Incorporation referred to above, it is clear that the defendant No.1 changed its name from "Pravarthan Infosys Pvt Ltd" to "Pravarthan Infotech Pvt Ltd" w.e.f. 24.5.2005. However, the learned counsel for the plaintiff submitted that when it filed the suit on 15.6.2005, the defendants were still using the website under the domain name of "pravarthaninfosys.com" and that the letter with regard to the change of name was issued by the defendants only on 10.7.2005 as indicated in the written statement itself i.e., after the filing of the present suit. Therefore, according to the learned counsel for the plaintiff on the date when the plaint was instituted, the plaintiff definitely had a cause of action. It is only subsequently that the name has been changed and in any event the change in name and the averments contained in paragraph 3 of the written statement indicate that the plaintiff's averments with regard to user of the name INFOSYS have been admitted by the defendants. It is only subsequent to the filing of the suit that the defendants have changed the name and notified the same to the plaintiff. In these circumstances, I am of the view that although the defendants have now changed the name of the defendant No.1 from `Pravarthan Infosys Pvt Ltd' to `Pravarthan Infotech Pvt Ltd', the plaintiff would still be entitled to an injunction restraining the defendants from in any manner using the expression "INFOSYS" in their corporate name, business name or domain name in future. The suit is decreed accordingly with costs.