Tummoc App Can Be Used For E-Ticketing In Goa, No Contempt Made Out: Karnataka High Court In IP Dispute

The Karnataka High court has held that using the Tummoc app for e-ticketing in Goa did not amount to contempt. The court noted that the injunction in the underlying suit was confined to BMTC/DTC and had been stayed by the High court.

“We are therefore, of the view that as only interim injunction passed by the trial Court was stayed by this Court vide order dated 19.02.2024 passed in MFA No.483/2024 (IPR/SJ), no contempt is made out for using the app Tummoc by the respondent/contemnor/s in Goa.” a Division Bench of Justice D K Singh and Justice H. Shanthi Bhushan observed.

The bench closed the contempt proceedings filed by Series 5 Labs Private Limited and discharged the contempt notice.

Series 5 Labs had filed a plea in 2023 before the XVIII Additional City Civil Judge at Bengaluru City, seeking relief concerning two features of the Tummoc app. These were “BMTC Passes (New)” and “AC Bus Tickets (Coming Soon)”.

It alleged infringement of its copyright and Patent.

On January 18, 2024, the trial court granted an interim injunction. It restrained the respondents from making the specified features available to the public through the Tummoc app and related platforms until disposal of the suit.

The respondents challenged that order before the High court. On February 19, 2024, the High court stayed the injunction “only to the extent that the use of the said app by BMTC/DTC are permitted.”

The rest of the trial court's order remained unchanged until the appeal was finally decided.

The contempt case arose after the respondents were allotted private e-ticketing work in Goa by the Kadamba Road Transport Corporation, Goa, a government undertaking. Series 5 Labs alleged that the February 19 order permitted the technology to be used only in connection with BMTC and DTC. It alleged that using the technology in Goa therefore breached the order.

The court examined the relief sought in the original suit. It found that Series 5 Labs had sought relief only in relation to BMTC/DTC. It had “not sought for any omnibus injunction for using Tummoc for providing e-ticketing anywhere in India.”

The bench held that Series 5 Labs could not use the interim order to seek an India-wide injunction against the respondents. It had not sought relief against the use of the technology by other organisations or in other places.

The court observed, “If the complainant is of the opinion that the alleged contemnors should be restrained from using the technology anywhere, they should take appropriate steps for amending the suit.”

The bench, therefore, found no contempt in the use of Tummoc in Goa. It closed the proceedings and discharged the contempt notice.