LAWS(MAD)-2009-9-493

CONSIM INFO PVT LTD REP BY ITS DIRECTOR AND CHIEF EXECUTIVE OFFICER MR JANAKIRAMAN MURUGAVEL Vs. GOOGLE INDIA PVT LTD; PEOPLE INTERACTIVE PVT LTD; JEEVANSATHI INTERNET SERVICES PVT LTD AND TIMES BUSINESS SOLUTIONS LTD

Decided On September 17, 2009
CONSIM INFO PVT LTD REP BY ITS DIRECTOR AND CHIEF EXECUTIVE OFFICER MR JANAKIRAMAN MURUGAVEL Appellant
V/S
GOOGLE INDIA PVT LTD; PEOPLE INTERACTIVE PVT LTD; JEEVANSATHI INTERNET SERVICES PVT LTD AND TIMES BUSINESS SOLUTIONS LTD Respondents

JUDGEMENT

(1.) Original Application praying that this Hon'ble Court be pleased to grant a temporary, ad-interim, interim injunction restraining the respondents, by themselves, their directors, partners, men, servants, agents, broadcasters, representatives, advertisers, franchisees, licensees and/or all other parsons acting on their behalf from in any manner Infringing and/or enabling others to infringe applicant's registered trademarks BHARATMATRIMONY.COM, TAMILMATRIMONY. COM, TELUGUMATRIMONY.COM, etc., a list whereof is annexed hereto and marked as Annexure-A and/or its variants by including them jointly or severally as "Adwords", "Keyword Suggestion Tool" or as a keyword for internet search or as meta tag in any other manner whatsoever, pending disposal of the suit.

(2.) Original Application praying that this Hon'ble Court be pleased to grant a temporary, ad-interim, interim injunction restraining the respondents, by themselves, their directors, partners, men, servants, agents, broadcasters, representatives, advertisers, franchisees, licensees and/or all other persons acting on their behalf from in any manner diverting the applicant's business to its competitor's by using 1st respondent's search engine in which the applicant's trademarks and domain names BHARATMATRIMONY.COM, TAMILMATRIMONY.COM, etc., a list whereof is annexed hereto and marked as Annexure-A and/or its variants, by using as Adwords, Keyword Suggestion Tool, as a keyword for the Internet search and/or as meta tags and thereby passing off and enabling others to pass off the business and services of the applicant's competitors including respondents 2 to 4 as that of the applicant or in any other manner whatsoever, pending disposal of the suit.

(3.) These Original Applications coming on this day before this Court for hearing in the presence of Mr. A.L. Somayaji, Senior Counsel for Mr. A.A. Mohan, Brinda Mohan, K. Mugunthan, A.K. Rajaraman, Advocate for the applicant in both applications and upon reading the Judge's Summons and the affidavit of Janakiraman Murugavel filed in O.A. No. 977 of 2009 and the Judge's Summons and the Affidavit of Janakiraman Murugavel filed in O.A. No. 978 of 2009 and the Plaint, it is ordered as follows: