Indiamart Intermesh Limited vs Ravi Rathod & Ors on 8 July, 2022

[Cites 0, Cited by 0]

Delhi High Court - Orders

Indiamart Intermesh Limited vs Ravi Rathod & Ors on 8 July, 2022

1. The present suit has been filed by M/s Indiamart Intermesh Limited/Plaintiff (hereinafter "Indiamart"), which is the owner of the mark 'INDIAMART' in its various logo forms and domains. Mr. Ravi Rathod is Defendant No.1 (hereinafter "Defendant No.1"), who had adopted the mark 'INDIAMART' and also the domain name 'indiamartcard.com'. The case of the Plaintiff was that Defendant No.1 was issuing digital business cards to consumers under the mark 'INDIAMART' in its mark and logo form, and had also misused the said mark in its domain name.

2. The other Defendants in the suit are Google LLC/Defendant No.2, Vodafone Idea Limited/Defendant No.3, GoDaddy.com, LLC/Defendant No.4 and Razorpay Software Private Limited/Defendant No.5 and Ashok Kumar/Defendant No.6. These parties were impleaded in order to obtain effective orders against Defendant No.1.

CS (COMM) 75/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.07.2022 17:55:52

3. Vide order dated 1st February, 2022, this Court had granted an ad interim injunction against Defendant No.1, restraining the said Defendant from using the mark 'INDIAMART'. The operative portion of the said order reads as under:

"28. In my view, the plaintiff has been able to make out a prima facie case in its favour for grant of ex parte ad interim injunction. The activities of the defendant are not only infringing / passing off trade marks/logos of the plaintiff but also causing wrongful loss to the unsuspecting members of the public by showing that there is an association between the defendant no.1 and the plaintiff. Thus, balance of convenience is in favour of the plaintiff. Irreparable harm and injury would be caused to the plaintiff if the defendant is not restrained from carrying out such infringing activities.

29. Consequently, till the next date of hearing, the defendant no.1, his associates, partners, agents, franchisees, representatives, servants, licensees and all others acting for and on his behalf, or anyone claiming through the defendant no.,1 are restrained from:

(i) using the 'INDIAMART' trade marks or any other mark which is identical or deceptively similar to the said trade marks;

(ii) reproducing, directly or indirectly, the artistic work vested in the artistic representation comprised in the logos, being comprising of the colour CS (COMM) 75/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.07.2022 17:55:52 combination, get-up, layout, arrangement of matter, in any manner, which amounts to infringement of the copyrighted artistic work of the plaintiff."

4. Vide the same order dated 1st February, 2020, directions were also issued to the Cyber Cell to obtain information as to the user/ownership details of the infringing mobile numbers and email addresses. The parties had been referred to mediation by this Court vide order dated 22nd March, 2022.

5. Today, it is submitted on behalf of the parties that the disputes between the Plaintiff and Defendant No.1 have been resolved under the aegis of the Delhi High Court Mediation and Conciliation Centre.

6. The report of the Mediator along with the settlement agreement dated 29th June, 2022, has been placed on record before the Court. The terms and conditions of the settlement are contained in paragraphs 2 to 10 of the said agreement.

7. As per the said settlement agreement, the Defendant No. 1 has acknowledged the rights of the Plaintiff in the mark 'INDIAMART' and its related word and logo marks, and undertakes not to use the said marks or any other such mark which is identical or deceptively similar to the Plaintiff's mark, for providing digital business cards or in any other manner including the logo, colour combination, get up, etc.

8. In terms of the settlement agreement, Defendant No.1 furnishes an unconditional apology for the illegal exploitation of the Plaintiff's mark. Further, Defendant No. 1 has agreed to make payments of Rs.10,000/- to the Plaintiff and undertaken to refund the amount of Rs.1,59,68/- to the 532 customers who had availed the services of Defendant No. 1. The said amount had been obtained from these customers through Defendant No. 5 and to this extent Defendant No. 1 has made the refund payment to the bank account of CS (COMM) 75/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.07.2022 17:55:52 Defendant No.5. Information has been provided to the Plaintiff regarding the customers approached by Defendant No. 1 while carrying out unauthorized activities, as well as the details of phone numbers used by Defendant No. 1 to carry out said activities. The sum of Rs.10,000/- has also been acknowledged by the Plaintiff. Additionally, Defendant No. 1 has agreed to transfer the domain name 'indiamartcard.com' to the Plaintiff. Therefore, the Plaintiff has given up the reliefs of damages and rendition of accounts in terms of paragraphs 53(viii) and 53(ix) of the Plaint.

9. This Court is of the opinion that the settlement agreement is lawful. Parties and all others acting for or on their behalf shall be bound by the terms of the settlement. The Mediator has digitally signed the agreement. The authorisation letters as also the consent emails are attached to the settlement agreement. There is no impediment in recording the said agreement.

10. Accordingly, the suit is decreed in terms of the settlement agreement as contained in paragraphs 2 to 10.

11. It is made clear that the steps for transfer of the domain name 'indiamartcard.com' shall be initiated by Defendant No.1. The Plaintiff shall provide the details of the persons in whose favour the domain name is to be transferred to M/s GoDaddy.com, who shall ensure that the domain name is transferred within a period of two weeks from today.

12. In terms of the settlement agreement, 50% of the court fee is directed to be refunded to the Plaintiff, through Counsel.

13. All pending applications are disposed of.

14. Next date of hearing stands cancelled.

PRATHIBA M. SINGH, J.

JULY 8, 2022 Rahul/SS CS (COMM) 75/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:12.07.2022 17:55:52

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders