Delhi High Court
Info Edge(India) Ltd vs Akash Deep & Ors on 24 January, 2018
$~OS-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 24.01.2018
+ CS(COMM) 366/2016
INFO EDGE(INDIA) LTD ..... Plaintiff
Through Ms.Anuradha Salhotra and Mr.Yatin
Grover, Advs.
versus
AKASH DEEP & ORS ..... Defendant
Through Defendants No.1, 2 and 4 are ex parte
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
JAYANT NATH, J. (ORAL)
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
CS(COMM) 366/2016 Page 1
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. 98(2002)
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.
4. It is pleaded that in April, 2013 the plaintiff became aware that the
defendants are operating under the style of CVNAUKRI.COM and were
getting in touch with the customers of the plaintiff and representing
themselves to be a part of the plaintiff's group of companies. Further, the
domain name www.cv.naukri.com was created on 22.02.2013.
5. A complaint is also said to have been filed with the Noida Police
(Cyber Crime Cell) on 25.09.2013. It is also pointed out that the plaintiff
received in April, 2014 a Show Cause Notice from the District Consumer
Disputes Redressal Forum, Kolkata Unit-1 filed by a jobseeker against
CVNAUKRI.COM. The plaintiff was impleaded as a co-respondent in the
complaint. It is hence pleaded that the defendants No. 1, 2 & 4 are illegally
using the name CVNAUKRI.COM, CVNAUKRI.CO.IN, CVNAUKRI.IN,
CS(COMM) 366/2016 Page 2
CVNAUKRI.ORG AND RESUMENAUKRI.COM and are creating a false
and misleading impression that they are closely associated with the plaintiff.
It is further pleaded that the use of these trademarks by the plaintiff is an
infringement of the plaintiff's registered trademark and also amounts to
passing off of the defendants' services as that of the plaintiff's services. The
domain names as well as the trading style are deceptively similar to the
plaintiff's well known and registered trademark which includes
NAUKRI.COM.
6. Plaintiff has filed an affidavit by way of evidence of Mr.Amitendra
Singh Antal. He has on oath repeated the contentions, as noted above. He
has exhibited the registrations of the various domain names. He has pleaded
that the plaintiff is the owner of various domain names other than
NAUKRI.COM which contain the word NAUKRI. The registration
documents have been exhibited as Ex.PW1/7 to Ex.PW1/19 respectively. It
is stated that the word mark NAUKRI in respect of computer software in
classes 9 and 16 are exhibited as Ex.PW1/20 and Ex.PW 1/21. The word
NAUKRI also forms an essential and distinctive part of the plaintiff's
various registered trademarks. Original certified copies of registrations are
exhibited as Ex.PW1/22 to Ex.PW1/28 respectively. He has further pleaded
that the plaintiff has invested more the Rs. 14 crores on advertisement and
promotion to earn revenue of more than Rs. 270 crores with respect to the
website "NAUKRI.COM". Original Certificate of the Chartered Accountant
on advertisement expenditure for the years 2008 -2009 to 2012 - 2013 dated
23.04.2014 is exhibited as Ex. PW 1/30. Various other documents,
brochures, paper and article cutting which affirms that the plaintiff
is the owner of the word NAUKRI have also been exhibited.
CS(COMM) 366/2016 Page 3
7. It is manifest from the above that defendants No. 1, 2 and 4 have
infringed the trademark of the plaintiff and have also carried out acts in a
manner which amounts passing off their goods as that of the plaintiff.
Defendants are also infringing the statutory rights of the plaintiff.
8. Accordingly, a decree is passed in favour of the plaintiff and against
defendants no. 1, 2 and 4 in terms of prayer 30(a) and (b) of the plaint.
Plaintiff shall also be entitled to recovery of damages of Rs.5 lacs. Plaintiff
shall also be entitled to costs.
9. Suit stands disposed of. All pending applications, if any, also stand
disposed of.
JAYANT NATH, J.
JANUARY 24, 2018/n
CS(COMM) 366/2016 Page 4
