FREEELECTIVE NETWORK PRIVATE LIMITED Vs. MATRIMONY. COM. LIMITED

JUDGEMENT

(1.) The suit was filed as a rolled-up action for injunctive relief in respect of alleged trademark infringement and passing off. Ancillary and consequential remedies of surrender of infringing materials for destruction and damages of Rs.1,00,00,000.00 were also claimed.

(2.) The Plaintiff stated the following. It was incorporated in March 2010, as a fully owned subsidiary of FreeElective LLC, to provide a range of services such as matchmaking and matrimonial services. In course of business, the Plaintiff adopted the trademarks "Jodi365" and "Peepul365" in the year 2009 for its flagship matchmaking platform and complementary wedding planning market network, respectively. Upon adopting the trademark Jodi365, a single multi-class application under class 99 for registration thereof under Classes 35, 38, 41 was submitted. Class 35 covers the services of advertising, computer databases, data search in computer files, etc.; Class 38 covers telecommunications, communications by computer terminals, computer aided transmission of messages and images, etc.; and Class 41 covers education, providing of training and cultural activities, entertainment, education information, gaming, and publication of texts, etc. The registration was granted with effect from 26/5/2010 and is valid and subsisting up to 26/5/2030 after having been renewed for 10 years with effect from 26/5/2020. The device mark "Jodi365" has been used from the year 2009 honestly, openly and continuously. In the said device mark, the word "Jodi" is the distinguishing, prominent and essential feature. The Plaintiff's total revenue for the year ended March 2020 was Rs.31,28,190.00, as per the audited financial statement, and Rs.16,07,231.00 for the year ended 31/3/2021 as per the provisional financial statement. It incurred advertising expenditure of about Rs.30.00 lakhs since December 2019 for advertising on Facebook. It launched a mobile application (app) version of "Jodi365", which is available on the Google Play Store since January 2020, and more than 50,000 users had downloaded the said app. By relying upon press and media coverage in relation thereto, the Plaintiff further stated that its trademark has acquired considerable reputation and goodwill in the market.

(3.) In or about October 2021, the Plaintiff stated that it came to know that the Defendant had launched a mobile app under the name "Jodii". The Plaintiff alleged that the Defendant placed advertisements online targeting the Plaintiff's registered trademark on its website. Therefore, the Plaintiff asserted that the Defendant is fully aware of the Plaintiff's website and mobile app. Consequently, it is further alleged that the Defendant's actions are mala fide. Immediately upon discovering the Defendant's dishonest adoption of the infringing mark "Jodii", the Plaintiff issued a cease and desist notice on 2/11/2021. By reply dtd. 17/11/2021, the Defendant stated that the Plaintiff is not entitled to monopolize the word "Jodi". On the basis that both the Plaintiff and Defendant are engaged in the provision of substantially similar services and that the Plaintiff is the prior user of the registered trade mark "Jodi365", the present suit was filed.