CONSIM INFO PVT LTD Vs. GOOGLE INDIA PVT LTD

JUDGEMENT

(1.) "What's in a name? That which we call a rose, By any other name would smell as sweet" would have been acceptable to Shakespeare, but certainly not to WIPO. Today everything is in a name, if the name had acquired significance as a trademark. William Murray, First Earl of Mansfield observed in Morgan vs. Jones, that "most of the disputes in the world arise from words".

(2.) The case of the plaintiff, as reflected in the plaint, is that it is a company rendering online matrimonial services, using internet as a vehicle/platform. The plaintiff has several matrimonial web portals including 15 regional portals, catering to the needs of millions of Indians living in India and outside. Mr. Janakiraman Murugavel, promoter/ founder Director of the plaintiff adopted a host of trademarks and obtained registration thereof. The plaintiff-company also adopted a few trademarks and obtained registration thereof in its own name. By virtue of a Deed of Assignment dated 16.6.2006, the trademarks registered in the name of Mr. J. Murugavel were assigned in favour of the company by name Bharat Matrimony. Com Pvt. Ltd. In the year 2008, the name of the company was changed to Consim Info Pvt. Ltd., which is the plaintiff herein.

(3.) Therefore, by virtue of the Deed of Assignment and by virtue of the registrations made in its own name, the plaintiff-company has become the Proprietor of the registered trademarks, listed in column No. 3 of the following table, with the registration numbers given against them each in column No. 2 thereof, in respect of the goods and services falling under the Classes indicated in column No. 4 thereof:- 504 Mad Madras Law Journal - Reports (2010) 7 MLJ s. No. Registration No. Mark Class 1 1306407 ASSAMESEMATRIMONY 16 2 1535126 ASSAMESEMATRIMONY 42 3 1335999 BHARATMATRIMONY 16 4 1346517 BHARATMATRIMONY CENTRE 16 5 1306408 BENGALIMATRIMONY 16 6 1306409 GUJARATIMATRIMONY 16 7 1306410 HINDIMATRIMONY 16 8 1306411 KANNADAMATRIMONY 16 9 1306413 KERALAMATRIMONY 16 10 1345784 MATRIMONY STAMP 16 11 1306412 MARATHIMATR1MONY 16 12 1306414 MARWADIMATRIMONY 16 13 1535128 MUSL1MMATRIMONIAL 42 14 1306415 ORIYAMATRIMONY 16 15 1306417 PARSIMATRIMONY 16 16 1306416 PUNJABIMATRIMONY 16 17 1306418 S1NDIMATRIMONY 16 18 1124035 MEGA SWAYAMVARAM TAMILMATRIMONY.COM 16 19 1306419 TAMILMATRIMONY 16 20 1306420 TELUGUMATRIMONY 16 21 1535127 URDUMATRIMONY 42 22 1548863 BHARATMATRIMONY 35,42