Madras High Court Holds 'KONGU ELITE MATRIMONY' Infringes 'ELITE MATRIMONY' Mark, Grants Injunction

The Madras High Court on 8 July held that a matchmaking service using the trade name “KONGU ELITE MATRIMONY” and an identical domain name can be restrained where the mark is visually and phonetically similar to the registered “ELITE MATRIMONY” mark, granting an interim injunction in favour of Matrimony.com Limited.

Justice K. Kumaresh Babu observed:

“The applicant had been benefitted with the registration of a Trademark of the words 'ELITE MATRIMONY' for providing online match making service. The defendant had infringed the said trademark, it is evidenced from the respondent's/defendant's service, which is providing under the name of 'KONGU ELITE MATRIMONY', which is visually and phonetically deceptively similar to that of the applicant/plaintiff.”

Matrimony.com Limited approached the Court against Bharathi, who operates Kongu Elite Matrimony, alleging that the use of the mark “KONGU ELITE MATRIMONY” amounted to passing off and infringement of its registered “ELITE MATRIMONY” trademark.

The company filed three original applications. The first sought to restrain the defendant from offering products or services under the mark “KONGU ELITE MATRIMONY” and its associated logos. The second sought to prevent the use of the impugned marks through domain names, mobile applications and social media platforms on grounds of unfair competition and dilution. The third sought to restrain the transfer, assignment or change in ownership of the domain name “konguelitematrimony.co.in”.

The Court found that Matrimony.com Limited's registration of the “ELITE MATRIMONY” mark entitled it to protection and held that the defendant's mark was deceptively similar. The Bench held that in such view of the matter, “there shall be an order of injunction as prayed for".

Accordingly, the Court granted ad interim injunctions in all three applications. It restrained the defendant, its agents, licensees and persons acting on its behalf from using “KONGU ELITE MATRIMONY” or any deceptively similar mark as a trade name, domain name, mobile application or social media handle. It also barred any transfer or change in ownership of the domain name “konguelitematrimony.co.in” until the suit is decided.