PEOPLE INTERACTIVE (I) PVT. LTD. Vs. GAURAV JERRY

JUDGEMENT

(1.) THIS notice of motion is moved for ex -parte ad -interim reliefs. Dr. Saraf, learned advocate for the Plaintiffs tenders three affidavits of service.

(2.) IN this notice of motion, the Plaintiffs seek an injunction against the 1st Defendant from using the domain name ShaadiHiShaadi.com or any other word or expression identical or confusingly similar to the Plaintiffs' registered trademark Shaadi.com and Shadi.com in any manner, including as part of domain name for an Internet or web -based service. An injunction is also sought to restrain 1st Defendant from passing off his website ShaadiHiShaadi.com as that of the Plaintiffs. The third relief sought is to restrain the 2nd and 3rd Defendants from hosing the 1st Defendant's website ShaadiHiShaadi.com and directing them to de -register or terminate the registration of the domain name ShaadiHiShaadi.com.

(3.) SOMETIME in 1996, one Siddharth Mehta launched an online matchmaking, matrimonial and wedding services portal under the name and mark Shaadi.com. Four years later in February 2000, the Plaintiff was incorporated. It was, at that time, operating another website, sagaai.com. By a Deed of Assignment dated 9th October 2011, the Plaintiff acquired all the right, title and interest in and to the trade mark and domain name Shaadi.com together with its goodwill from Siddharth Mehta for valuable consideration. From that point onward, it is the Plaintiff that has been providing matrimonial and matchmaking services under this domain name. The Plaintiff also has a bricks and mortar or physical matrimonial service originally under the name and mark "Shaadi Point", now known as "Shaadi Centre". There are various franchise and branches in different cities in India.