Flipkart, the famed e-commerce company, filed for a permanent trademark injunction to restrain Somasundaram Ramkumar from using the trademark FLIPPINGKART and the domain www.flippingkart.com.
Flipkart argued that they are the registered owners of the trademark FLIPKART which was adopted in 2007 and Somasundaram has unauthorizedly registered the domain www.flippingkart.com in 2017 to encash upon the reputation and goodwill of Flipkart. In an ex-parte judgment, the Madras High Court opined that the mark FLIPPINGKART was adopted with a malafide intent and the same would amount to trademark infringement and passing-off of Flipkart’s goods and/or services.
The Court further declared Flipkart a well-known trademark.
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