Delhi High Court - Orders
Thumbtack Inc vs Sangvish Technologies Pvt. Ltd. & Anr on 29 July, 2025
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 762/2025
THUMBTACK INC. .....Plaintiff
Through: Mr. Rishi Bansal, Mr. Akash
Chaudhary & Ms. Shruti Manchanda,
Advocates.
versus
SANGVISH TECHNOLOGIES PVT. LTD.
& ANR. .....Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 29.07.2025 I.A. 17987/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 17986/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
3. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ("CPC") as applicable to Commercial Suits under the Commercial Courts Act, 2015 ("CC Act") seeking leave to place on record additional documents.
4. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
5. Accordingly, the Application stands disposed of. I.A. 17988/2025 (Exemption from advance service to the Defendants)
6. This is an Application filed by the Plaintiff under Section 151 of the CPC, seeking exemption from advance service to the Defendants.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41
7. Mr. Rishi Bansal, learned Counsel for the Plaintiff, submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
8. In view of the fact that the Plaintiff has sought an urgent ex-parte ad-interim injunction, the exemption from advance service to the Defendants is granted.
9. The Application stands disposed of.
I.A. 17989/2025 (Exemption from pre-institution Mediation)
10. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12 A of the CC Act.
11. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.
12. The Application stands disposed of.
CS(COMM) 762/2025
13. Let the Plaint be registered as a Suit.
14. Issue Summons to the Defendants through all permissible modes upon filing of the Process Fee.
15. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within four weeks from the date of the receipt of Summons. Along with the Written Statement(s), the Defendant(s) shall also file Affidavit(s) of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.
16. Liberty is granted to the Plaintiff to file Replication(s), if any, within This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 thirty days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, Affidavit(s) of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.
17. The Parties shall file all original documents in support of their respective claims along with their respective pleadings. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
18. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
19. List before the Joint Registrar on 23.09.2025 for completion of pleadings.
I.A. 17985/2025 (U/O XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908)
20. Issue Notice through all permissible modes upon filing of the Process Fees.
21. The present Suit has been filed seeking relief of permanent injunction restraining the Defendants from infringing the registered Trade Mark „THUMBTACK‟ along with other ancillary reliefs.
22. The Plaintiff, i.e., Thumbtack Inc., a Company incorporated under the laws of the California, USA and having its Headquarters at 415 Natoma Street, Suite 1300, San Francisco, California - 94103, USA. The Plaintiff is an American home services business whose website allows users to search for and hire local service providers to work on various personal projects, including but not limited to home services, cleaning and organization, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 maintenance, repair, pest control, additions, and installations and remodelling.
23. The learned Counsel for the Plaintiff submitted that the Plaintiff offers consumers access to professionals across approximately 500 distinct service categories which enables the Plaintiff to serve a wide array of customer needs ranging from general maintenance to specialized improvements and repairs.
24. The learned Counsel for the Plaintiff submitted that the Plaintiff currently holds several valid and subsisting Trade Mark registrations in the USA and other parts of the globe. The details of the registered Trade Marks are set out in Paragraph No. 9 of the Plaint and are reproduced hereunder:
COUNTRY TRADEMARK APPLICATION REGISTRATI APPLICATION STATUS NAME NAME NUMBER ON NUMBER DATE/ REGISTRATIO N DATE India THUMBTACK 4936278 4936278 07-Apr-2021 Registered United States THUMBTACK 77/633,539 37,00,234 20-Oct-2009 Registered of America United States THUMBTACK 86/342,660 47,98,127 25-Aug-2015 Registered of America United States THUMBTACK 87/001,579 56,61,845 22-Jan-2019 Registered of America CONSIDER IT DONE.
United States 87/503,672 56,67,180 29-Jan-2019 Registered
of America
United States THUMBTACK 97/704,102 73,90,456 21-May-2024 Registered
of America PLUS
United States 87503678 5662327 22-Jan-2019 Registered
of America
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 United States 87503681 6846816 13-Sep-2022 Registered of America United THUMBTACK UK0091512417 UK0091512417 16-Jun-2016 Registered Kingdom HIRE SKILLED 5 5 PROFESSIONAL S FOR ABSOLUTELY EVERYTHING United THUMBTACK WO000000130 1309328 01-Jul-2016 Registered Kingdom CONSIDER IT 9328 DONE.
Australia THUMBTACK 1796779 1796779 06-Apr-2020 Registered CONSIDER IT DONE.
Australia THUMBTACK 2076315 2076315 26-Oct-2020 Registered
Canada THUMBTACK 1789823 TMA993848 05-Apr-2018 Registered
European THUMBTACK 15/124,175 15124175 16-Jun-2016 Registered
Union HIRE SKILLED
(Community) PROFESSIONAL
S FOR
ABSOLUTELY
EVERYTHING
Int‟l THUMBTACK 1309328 1309328 01-Jul-2016 Registered
Registration - CONSIDER IT
Madrid DONE.
Agreement /
Protocol
Philippines THUMBTACK 4-2018-013864 4-2018-013864 14-Feb-2019 Registered
25. The learned Counsel for the Plaintiff submitted that the Plaintiff also adopted the Trade Mark „THUMBTACK‟ in India. The Trade Mark registration of „THUMBTACK‟ in India had been applied vide Application This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 No. 4936278 under Class(es) 9, 35 and 42. Details of the Application are set out in Paragraph No. 10 of the Plaint and are reproduced hereunder:
Trademark Thumbtack Application Number 4936278 Filing Date 07.04.2021 Classes Applied 9,35,42 Class 9 Coverage Downloadable software in the nature of a mobile application for providing consumers with information about professionals, providing professionals with information about consumers, and connecting professionals and customers through referrals; Downloadable software in the nature of a mobile application for payment services, messaging, scheduling, and conducting transactions between consumers and professionals Class 35 Coverage "Promoting the goods and services of others by means of distributing advertising on the Internet;
Dissemination of advertising for others via an online communications network on the internet; Providing a website for connecting sellers with buyers; referral services connecting consumers and qualified service providers; consumer information services, namely, providing information to consumers about selected professionals in the fields of home services, general contracting, home cleaning, landscaping, interior design, handyman and repairs, moving, event services, photography, catering, entertainment, music, event equipment rentals, tutoring and education, music lessons, arts and crafts, health, beauty, wellness, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 massage, personal training, nutrition, coaching, medicine, business services, law, information technology, business support, accounting, design, pet training, and pet sitting; arranging and conducting business conferences, exhibitions, and events.
Class 42 Coverage Providing temporary use of
non-downloadable software in the
nature of a mobile application for
providing consumers with
information about professionals,
providing professionals with
information about consumers, and
connecting professionals and
customers through referrals;
Providing temporary use of
non-downloadable software in the
nature of a mobile application for
payment services, messaging,
scheduling, and conducting
transactions between consumers and
professionals.
Journal Publication Journal No. 2139-0
Registration Date 15th January 2024
26. The learned Counsel for the Plaintiff submitted that the Plaintiff‟s website, „Thumbtack.com2023‟ including its Graphical User Interface ("GUI"), features a distinctive visual identity comprising its colour scheme, layout, and overall aesthetic-consistently used across versions. The distinctiveness embodied in the Plaintiff‟s software and GUI constitutes original works as defined under the Copyright Act, 1957. The Plaintiff sought for Copyright registration for the original work for which registration has been granted to the Plaintiff by the U.S. Copyright Office. The details of the registered Copyright is set out in Paragraph No. 11 of the Plaint and are This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 reproduced hereunder:
S.NO REGISTRATION CLASS TITLE DESCRIPTION DATE OF NO. REGISTRATON
1. TX0009249256 TX Thumbt Electronic file 19-04-2023 ack.com (eService) 2023.
27. The learned Counsel for the Plaintiff submitted that the Plaintiff actively promotes and advertises its goods and services under the impugned Trade Mark through its official domain name, https://www.thumbtack.com/. The Plaintiff maintains multiple domain names associated with „THUMBTACK‟ reinforcing its exclusive rights, brand presence, and digital identity across various platforms. The Plaintiff‟s registered domains include but are not limited to: 10bestpros.com, setter.com, settergiftcards.com, tack.bz, tack.com, thmtk.com, thumbtack.design, www.thiumbtack.group, thumbtack.io, www.thubmtack.live, www.thumbtack.org., thumbtack.space, thumbtack.store, thumbtack.sucks, thumbtackcommunity.com, thumbtackstatic.com, thumbtackstyle.com, timestrapped.com and yourpromail.com. The Plaintiff‟s website & mobile application are mentioned under the category of Handyman Services as „THUMBTACK CLONE SCRIPT‟ ("Impugned Product") offered and sold under the name of „THUMBSUP. The Defendants have further adopted the Trade Marks „THUMBSUP‟, „THUMBTACK CLONE SCRIPT‟ and „THUMBSUP CONSIDER IT DONE‟ ("Impugned Trade Marks").
28. The learned Counsel for the Plaintiff submitted that the Plaintiff maintains verified and actively managed social media accounts on platforms such as Linkedln, Instagram, Facebook, X (formerly Twitter), Pinterest and This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 YouTube, through which it consistently engages with consumers, promotes its services, and reinforces its market presence. The Plaintiff has amassed a substantial number of subscribers, followers, and user interactions across these platforms, reflecting the widespread recognition and goodwill associated with the „THUMBTACK‟ Trade Mark.
29. The learned Counsel for the Plaintiff submitted that the Plaintiff‟s services bearing the Trade Mark are highly demanded in the markets on account of its standard quality. The business revenue accumulated through sales in the Financial Year 2023-2024 alone is approximately $387 million.
30. The learned Counsel for the Plaintiff submitted that Defendant No. 1, i.e., M/s Sangvish Technologies Pvt. Ltd. and Defendant No. 2, i.e., M/s Migrateshop Technologies are two entities that are both registered at the same address, i.e., 137 A, 2nd Floor, North Veli St., Yanaikkal, Simmakkal, Madurai, Tamil Nadu, India - 625001.The Defendants are engaged in building eCommerce marketplace websites and mobile applications, including custom web designs. They also offer ready-made website scripts, digital marketing services, and application development. The Defendants primarily deal in clones and scripts, specializing in replicas of globally recognized and reputable companies‟ products.
31. The Defendants are engaged in selling, marketing, and soliciting trade of the Impugned Product through their websites http://sangvish.com/ and http://migrateshojhcom/ ("Impugned Websites") as well as via social media and other online e-commerce platforms,
32. The learned Counsel for the Plaintiff further submitted that upon becoming aware of the infringing activities of the Defendants, the Plaintiff undertook a thorough investigation of the Impugned Websites, trade names, This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 logos, domain names, and promotional activities being carried out by the Defendants.
33. The learned Counsel for the Plaintiff further submitted that the Defendants are actively promoting and advertising their Impugned Product and service across multiple social media platforms including Linkedln, Instagram, Facebook, Pinterest, X (formerly Twitter) and YouTube. The Defendants are actively and continuously promoting and marketing all the clones including the Thumbtack Clone.
34. The learned Counsel for the Plaintiff contended that the Defendants have deliberately adopted the Plaintiff‟s earlier colour scheme and have chosen the Impugned Trade Mark for their product in a manner that is deceptively similar to the Plaintiff‟s Trade Mark and overall trade identity. A comparison chart of the Plaintiff and Defendants‟ Trade Marks / domain name / trade name / Impugned Websites / trade dress / GUI / colour combination is reproduced hereunder:
PLAINTIFF DEFENDANTS
THUMBTACK THUMBSUP
THUMBTACK CONSIDER IT THUMBSUP CONSIDER IT DONE/
DONE.
Plaintiff‟s earlier colour combination Defendants‟ colour combination and
and style of writing Thumbtack and style of writing THUMBSUP
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 https:
//demowpthemes.com/buy2thumbsup/
36. The learned Counsel for the Plaintiff submitted that the Impugned Trade Marks are being used and propagated by the Defendants are deceptively similar to the Plaintiff‟s registered and prior-used Marks in their entirety, both visually and phonetically. The Defendant‟s Mark „THUMBSUP‟ is a deliberate and mala fide imitation of the Plaintiff‟s Mark „THUMBTACK‟. The structural composition, phonetic similarity, and semantic connotation of the Impugned Trade Marks are likely to cause This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41 confusion and deception amongst the consuming public and relevant trade circles.
37. The Defendants, while adopting the mark „THUMBSUP‟ as that of the Plaintiff has come as close as possible to the Plaintiff‟s registered Trade Mark „THUMBTACK‟.
38. This is a case of triple identity, where the mark is identical, the product category is identical and the trade channel as also the consumer base is identical. The Plaintiff being the prior user, adopter and the registered owner of the mark „THUMBTACK‟ is entitled to protection. The identities in the Impugned Trade Marks are so close that the two products are indistinguishable.
39. The Plaintiff has made out a prima facie case for grant of an ex-parte ad-interim injunction. Accordingly, the Defendants, its proprietor, directors, promoters, affiliates, representatives, partners, servants, agents, assigns, distributors, dealers and all those acting in concert with or claiming under or through it/them or otherwise howsoever are restrained from manufacturing, selling, offering for sale, retailing, distributing, importing, supplying, advertising, displaying, rendering, dealing or exporting any product or from directly or indirectly using the name under the Impugned Trade Marks „THUMBSUP‟, „THUMBTACK CLONE SCRIPT‟ and „THUMBSUP CONSIDER IT DONE‟ or any other marks which are identical or deceptively similar to the Plaintiff‟s Trade Mark, i.e., „THUMBTACK‟ through the Impugned Websites, which are http://sangvish.com/ and http://migrateshojh.com/ or in any other manner.
40. The compliance of Order XXXIX Rule 3 of the CPC be done within two weeks.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41
41. Let the Reply to the present Application be filed within four weeks after service of pleadings and documents. Rejoinder thereto, if any, be filed before the next date of hearing.
42. List before the Court on 29.10.2025.
TEJAS KARIA, J JULY 29, 2025/ 'A' This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/08/2025 at 22:22:41