Bombay High Court
Trans Union Cibil Ltd vs Mymoneykarma Infomatics India Pvt. ... on 1 March, 2019
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 4 916-NMCDL-3190-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO. 3190 OF 2018
IN
COMMERCIAL IP SUIT (L) NO. 1754 OF 2018
Trans Union Cibil Ltd. ... Plaintif
Versus
Mymoneykarma Infomatics India Pvt. Ltd. and others ... Defendants
Mr. Hiren Kamod alongwith Ms. Priya Desai and Ms. Rubeka Himayat for the
Plaintif.
Ms. L.M Jenkins instructed by LMJ Law Practice for Defendant No.1.
Mr. R.V. Govilkar for Central Vigilance Commission, present.
Mr. J. Vinod Kumar, Director, Central Vigilance Commission, present.
CORAM : S.J. KATHAWALLA, J.
DATED : 1st MARCH, 2019 P.C.:
1. Heard the Learned Advocates appearing for the Plaintif and Defendant No.1 and the following order is passed :-
(i) The above Suit is decreed in terms of prayer clauses (a), (b) and (c) against Defendant No.1, which are reproduced hereunder :-
(a) That the Defendants by themselves and/or through their directors, agents, assigns, dealers, retailers, successors-in-title and all persons acting on their behalf and/or claiming under them and/or otherwise howsoever be restrained by a perpetual order and injunction of this Hon'ble Court from in any manner (A) reproducing or using or enabling others to use the trademark ::: Uploaded on - 02/03/2019 ::: Downloaded on - 12/03/2019 20:58:49 ::: kpd 2 / 4 916-NMCDL-3190-2018.doc "CIBIL", "CIBIL TransUnion", "CIBIL Score" and/or any other mark identical with and/or deceptively similar to the Plaintiff's trademarks "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion" in any manner (i) on the Impugned Websites or any other website (including as part of the domain name and/or in the meta-tags of the Impugned Website or any other website) and/or (ii) on or as part of the Impugned Social Media Accounts or as part of any other social media accounts and/or (iii) in the e-mails and other communications sent out by the Defendants and/or their agents or affiliates or persons acting through, under, or on behalf of Defendants or otherwise howsoever, and/or (B) using the trademark "CIBIL" in any manner in relation to credit scores and/or credit reports and/or any other products and services; so as to infringe the Plaintiff's well-known trademark "CIBIL" bearing registration no.1838432, the trademarks "CIBIL TransUnion Propensity Score" bearing registration nos.2706725 and 2706726 and other registered trademarks of Plaintiff which contain the word "CIBIL" and/or "TransUnion".
(b) That the Defendants by themselves and/or through their directors, agents, assigns, dealers, retailers, successors-in-title and all persons acting on their behalf and/or claiming under them and/or otherwise howsoever be restrained by a perpetual order and injunction of this Hon'ble Court from in any manner (A) reproducing or using or enabling others to use the trademark "CIBIL", "CIBIL TransUnion", "CIBIL Score" and/or any other mark identical with and/or deceptively similar to the Plaintiff's trademarks "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion" or any other mark containing the words "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion"
in any manner (i) on the Impugned Websites or any other website (including as part of the domain name and/or in the meta-tags of the Impugned Website or ::: Uploaded on - 02/03/2019 ::: Downloaded on - 12/03/2019 20:58:49 ::: kpd 3 / 4 916-NMCDL-3190-2018.doc any other website) and/or (ii) on or as part of the Impugned Social Media Accounts or as part of any other social media accounts and/or (iii) in the e- mails and other communications sent out by the Defendants and/or their agents or affiliates or persons acting through, under, or on behalf of Defendants or otherwise howsoever, and/or (B) using the trademark "CIBIL" in any manner in relation to credit scores and/or credit reports and/or any other products and services; so as to pass off/enable others to pass off the Infringing Defendant's business, goods and services or the goods and services of any other credit information company as those of the Plaintiff in any manner.
(c) That the Defendants by themselves through its directors, agents, assigns, dealers, retailers, successors-in-title and all persons acting on their behalf and/or claiming under them and/or otherwise howsoever be restrained by a perpetual order and injunction of this Hon'ble Court from carrying out the unfair trade practice of using or enabling others to use the trademarks "CIBIL", "CIBIL TransUnion", "CIBIL Score" and/or any other mark identical with and/or deceptively similar to the Plaintiff's trademarks "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion" or any other mark containing the words "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion"
in any manner (i) on the Impugned Websites or any other website (including as part of the domain name and/or in the meta-tags of the Impugned Website or any other website) and/or (ii) on or as part of the Impugned Social Media Accounts of the Defendants and/or (iii) in the e-mails and other communications sent out by the Defendants and/or its agents or affiliates or persons acting through, under, or on behalf of the Defendants or otherwise howsoever, and/or (iv) using the trademark "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion" or any other mark containing the words "CIBIL", "CIBIL Score" and/or "CIBIL TransUnion" in any manner in relation to ::: Uploaded on - 02/03/2019 ::: Downloaded on - 12/03/2019 20:58:49 ::: kpd 4 / 4 916-NMCDL-3190-2018.doc credit scores and/or credit reports and/or any other products and services to solicit business for its own products and services and the products and services of other credit information companies.
(ii) The above Suit as well as Notice of Motion stands disposed of against Defendant No.1.
2. As far as other Defendants are concerned, stand over to 11th March, 2019.
3. Time to remove the office objections is extended upto 11th March, 2019.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 02/03/2019 ::: Downloaded on - 12/03/2019 20:58:49 :::