DATE OF JUDGMENT: 15.07.2022
CASE: Civil Suit(Comm.Div) No.122 of 2021 and O.A.Nos.826 & 828 of 2021 and A.No.442 of 2022
NAME OF HON'BLE COURT: High Court of Judicature at Madras
NAME OF HON'BLE JUDGE: The Hon'ble Justice Senthil Kumar Ramamoorthy
CASE TITLE: FreeElective Network Private Limited Vs Matrimony.com. Ltd.
The Plaintiff have device registration for the Trademark JODI 365. The Plaintiff filed subject matter Suit on the basis of proprietary right in the Trademark JODI 365 since the year 2009 for its flagship matchmaking platform and complementary wedding planning market network, respectively.
The Suit was filed against the Defendant's
when in the month of October 2021, the Plaintiff came to know that the Defendant had launched a mobile app under the name “Jodii”.
The Plaintiff's Trademark was JODI 365 device composite Trademark. The Hon'ble Court was pleased to decline any relief pertaining to the infringement on the basis of JODI 365 composite trademark as from the Record, it was apparent that the non distinctive element of the composite Device Trademark failed to achieve any distinctiveness.
The Hon'ble Court was also pleased to decline any relief pertaining to passing off on the ground that competing trademark/trade dress were in question were not similar and there was no any possibility of confusion and deception.
In view of the above relief pertaining to infringement and passing off both were declined to the Plaintiff.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539
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