Document Fragment View

Matching Fragments

NEUTRAL CITATION C/SCA/9620/2023 CAV JUDGMENT DATED: 09/08/2023 undefined 2.1 Petitioner no. 1 - AZURE platform is a cloud computing platform which is a comprehensive set of cloud services that offer developers, IT professionals, and enterprises, freedom to build, deploy and manage applications on any platform or device. A detailed description of the petitioners' cloud computing offerings is stated in the written statement. 'AZURE' was first announced by petitioner no. 1 somewhere in October, 2008 and later on services offered by petitioners under AZURE mark were made available and offered for sale to consumers across about 21 countries including India in February, 2010 and petitioner no. 1 became registrant of azure.com around October, 2008, when it acquired rights to the domain from the prior registrant, who had rights in the said domain since about October, 1995. As per the case of original plaintiff, respondent herein was a private limited company incorporated on 23.04.2001 and later on its name changed to AZURE Knowledge Corporation Pvt. Ltd., on 05.06.2008. According to petitioners, it become owner of the mark by way of Assignment Deed dated 12.04.2004 executed between Styx Infosoft Pvt. Ltd., and AZURE Technologies Pvt. Ltd. A suit came to be filed by the NEUTRAL CITATION C/SCA/9620/2023 CAV JUDGMENT DATED: 09/08/2023 undefined respondent in City Civil Court, at Ahmedabad under the provisions of Trade Marks Act, being Civil Suit No. 192 of 2020 alleging infringement and passing of action by inter alia claiming its proprietary right in respect of Trade Mark "AZURE". The details of its registration of different trade mark in different classes as defined under the then notified Trade Mark Rules and according to respondent, original plaintiff had made averments in the plaint regarding wide gambit of goods and services covered by its registrations in various classes, though plaintiff does not deal in most of those goods and services.