INFO EDGE(INDIA) LTD Vs. AKASH DEEP & ORS
LAWS(DLH)-2018-1-499
HIGH COURT OF DELHI
Decided on January 24,2018

Info Edge(India) Ltd Appellant
VERSUS
Akash Deep And Ors Respondents


Referred Judgements :-

INFO EDGE INDIA PRIVATE LIMITED VS. SHAILESH GUPTA [REFERRED TO]


JUDGEMENT

Jayant Nath, J. - (1.)The present suit is filed seeking a decree of permanent injunction against the defendants etc. from using the mark CVNAUKRI.COM, CVNAUKRI.CO.IN, CVNAUKRI.IN, CVNAUKRI.ORG AND RESUMENAUKRI.COM or any other mark consisting the word NAUKRI as a prefix or suffix. Other consequential reliefs are also sought.
(2.)As per the plaint Defendant No.4 is a company registered under the Companies Act, 1956 and first and second defendants are the Directors of Defendant No. 4. Defendant No. 3 is the person who has created the website. It may be noted that as far as defendant No.3 is concerned the matter was settled with the plaintiff. On 12.05.2017 the statement/ undertaking of defendant No. 3 was taken on record. In view of the said statement, plaintiff had stated that they do not press any further relief against defendant No.3. Defendants No.1, 2 and 4 were proceeded ex parte as on 12.05.2017.
(3.)It is the contention of the plaintiff that the plaintiff is running the country's number 1 job-seeking website NAUKRI.COM since 1997. It is pleaded that the said website by virtue of its extensive and substantial use, the word NAUKRI has acquired a secondary significance and is exclusively identified with the plaintiffs. Reliance is placed on judgment of this court in M/s. Infro Edge (India)Pvt. Ltd. vs. Shailesh Gupta and Anr, 2002 98 DLT 499 to support the above contention. It is pleaded that as on 31.03.2014 NAUKRI.COM had a database of 37.5 million registered jobseekers with 1,22,326 live job listings. The shares of the plaintiff are traded in the National Stock Exchange. The revenue figures and advertising figures of the plaintiff's services are given in paragraph 5 of the plaint. It is pleaded that the trademark NAUKRI is registered in India in respect of computer software in class 9 and 16 since 26.11.1999. The word NAUKRI forms an essential and distinct part of the plaintiff's registered trademark. The trademarks NAUKRI.COM and NAUKRI.ORG are also registered in the name of the plaintiff.


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