presence of the defendant on the website
such as Zomato and Dine-Out, the defendant would invite the customers of
the plaintiff to visit ... promote its business throughout India,
has entered into a contract with Zomato.com which is a company having its
office in Delhi. Zomato and Dine
platform; and in this sense, their model is comparable
to Zomato, Trivago or Airbnb who do not own any restaurants, properties or
hotels, respectively ... Further, comparison of the Ola/Uber App with Airbnb, Trivago and Zomato etc.
is also misconstrued where sellers on those platform have their own identities
been made by the Plaintiff to file
some internet printouts from Zomato etc., however, such printouts are recent
i.e. post of filing
printers / advertisers, print outs obtained from various websites such as
zomato, tripadvisor, etc. showing excellent review of the Plaintiffs'
restaurants / hotels and photographs
restaurant PANCHAVATI GAURAV de-
listed/removed from online websites such as Zomato, Tripadvisor, Justdial, etc.
(vi) The Suit as well as Notice of Motion ... shall be forthwith forwarded by the Plaintif to
online websites such as Zomato, Tripadvisor, Justdial, etc.
( S.J.KATHAWALLA, J. )
Digitally signed
by Swaroop
Swaroop
petitioner has admitted that he
has joined a company namely Zomato Media Pvt. Ltd. in June,
New MACT Case No. 477876/16 Page