Calcutta High Court
Indiamart Intermesh Limited vs Ankit & Ors on 18 March, 2019
Author: Arijit Banerjee
Bench: Arijit Banerjee
ORDER SHEET
GA 604 of 2019
WITH
CS 78 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
INDIAMART INTERMESH LIMITED
Versus
ANKIT & ORS
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
Date : 18th March, 2019.
Appearance:
Mr. S.K. Bajoria, Adv.
Mr. S. Dasgupta, Adv.
Mr. Kanakendu Chatterjee, Adv.
The Court: The plaintiff has filed this suit for alleged infringement of its
trademark "INDIAMART". Being prima facie satisfied by the plaintiff's case, an
order dated 16th May, 2018 was passed by a learned Judge in terms of prayers (b)
and (e) of the notice of motion which read as follows :-
"(b) An order of injunction restraining the Respondents and
such other websites / entities which are discovered during the course of the proceedings to have been engaging in infringing the Petitioner's exclusive rights, its owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from using a mark and/or domain name which is 2 identical or deceptively similar to the registered INDIAMART mark of Petitioner in any manner whatsoever, thereby amounting to passing off."
"(e) An order directing the Ministry of Electronics and Information Technology, Government of India to locate the web portals/sites mentioned in the cause title above and forthwith take appropriate measures to make the said web portals/sites defunct and to take steps to take them down from the World Wide Web, the domain names of which are deceptively similar to the registered trademark of the Petitioner."
The said interim order was confirmed and GA 1020 of 2018 was disposed of by an order dated 17th September, 2018.
The present application has been taken out by the plaintiff praying for, amongst others, the following order :-
"(a) An order be passed directing the Ministry of Electronics and Information Technology, Government of India to take appropriate measures to make defunct and take down the links provided by the Petitioner to the Ministry from the World Wide Web and the domain names which are deceptively similar to the trademark of the Petitioner as could be identified by the Petitioner to the Ministry through email address - [email protected] from time to time."
Learned Counsel submits that this has become necessary in view of the report of the Ministry of Electronics and Information Technology, a copy whereof is Annexure-B to the present application. It is submitted that the said Ministry 3 has informed the petitioner that without a specific order of Court, necessary measures cannot be taken by the Ministry.
Having heard learned Counsel for the parties, I pass an order in terms of prayer (a) of the application.
No useful purpose will be served by keeping the application pending. GA 604 of 2019 is, accordingly, disposed of.
(ARIJIT BANERJEE, J.) R.Bhar