Madras High Court
Flinto Learning Solutions ... vs Imagismart Solutions Private ... on 1 July, 2021
C.S.(Com.Div.) No.733 of 2018
and A.Nos.5840 & 6006/2019 & O.A.No.978/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.07.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.733 of 2018
and
A.Nos.5840 & 6006/2019 & O.A.No.978/2018
Flinto Learning Solutions Private Limited,
a Company duly incorporated under
the provisions of the Companies Act, 1956
Rep.by its Director Mr.D.Arunprasad
And having its office at
Bharani Flats, Flat-G1, Block-2,
No.1, S.M.Narayan Nagar,
Anna Nagar West Extension,
Chennai 600101, Tamilnadu. .. Plaintiff
/versus/
1.Imagismart Solutions Private Limited
a company incorporated
under the Companies Act, 2013
Plot No.13, Floor 3rd G.T.Road, Block-D,
Landmark Opp Rana Pratab Bagh, CC Colony,
New Delhi-110007.
2.Google India Private Limited
a company incorporated
under Companies Act, 1956
of the address No.3, RMZ Infinity-Tower E,
1/5
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.733 of 2018
and A.Nos.5840 & 6006/2019 & O.A.No.978/2018
Old Madras Road, 4th and 5th Floors,
Bangalore-560016, Karnataka, India.
3. Google LLC,
a company existing under
the laws of the United States of America,
of the address 1600 Amphitheatre Parkway,
Mountain View, California 94043,
United States of America. .. Defendants
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC Read With Sections28, 29, 134
and Sections 135 of the Trademarks Act 1999 & Proviso 1 to Section 7
of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, No.4 of 2016, prayed for (a) A
permanent injunction restraining defendant No.1, its men, agents,
servants, licensees, franchisees, distributors, assigns and representatives
or anyone claiming through or under them from infringing the plaintiff's
registered trademark “FLINTOBOX” by using it as Google
Advertisement keyword or any other mark which is/are identical with
and/or deceptively similar to the plaintiff's trademarks either per-se or in
combination with any other work/mark, and English or Tamil or any
other language, which is identical with and/or deceptively similar to
plaintiff's registered trademark “FLINTOBOX”or any other manner
whatsoever;
2/5
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.733 of 2018
and A.Nos.5840 & 6006/2019 & O.A.No.978/2018
(b) A Mandatory injunction directing defendant No.1 to
disclose the details of the website traffic received by their use of
“FLINTOBOX” as Google Advertisement keyword infringing the
plaintiff's registered trademark;
(c) The defendant No.1 be ordered to pay to the plaintiff a sum
of Rs.25,01,000/- as damages for the act of infringement of trademark
committed by defendant No.1;
(d) Directing the defendant No.1 to render a true and faithful
account of sales made by sale of products to the users visiting the website
of the defendant No.1 after search for the registered trademark
“FLINTOBOX” of the plaintiff and the defendant No.1 be further
ordered and directed to pay to the plaintiff such amount as may be found
due on such account being taken;
(e) For costs of the suit.
For plaintiff : Mr.R.Sathish Kumar
For Defendants : Mr.R.S.Diwaagar for D2
: Mr.G.Balasubramanian for D3
3/5
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.733 of 2018
and A.Nos.5840 & 6006/2019 & O.A.No.978/2018
JUDGMENT
The learned counsel for the plaintiff has filed a memo to
withdraw the suit.
2. Recording the same, the civil suit is dismissed as withdrawn.
Consequently, connected applications are also closed. There shall be no
order as to costs.
01.07.2021
Index : yes/no
rpl
Dr.G.JAYACHANDRAN,J.
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.733 of 2018
and A.Nos.5840 & 6006/2019 & O.A.No.978/2018
rpl
C.S.(Com.Div.) No.733 of 2018
and
A.Nos.5840 & 6006/2019 & O.A.No.978/2018
01.07.2021
https://www.mhc.tn.gov.in/judis/
