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Supreme Court asks BharatMatrimony rivals to restrain from displaying infringing ads

The Supreme Court of India has asked
BharatMatrimony.com’s competitors Shaadi.com, SimplyMarry.com and JeevanSathi.com
to restrain from displaying advertisements with names of the petitioner in the
“AdWords” programme of the Google. Whenever BharatMatrimony’s name was
displayed on Google search, the three competitive sites appeared on the right
hand side thereby infringing the trademark of BharatMatrimony and its related
sites.

The Supreme Court of India has asked
BharatMatrimony.com’s competitors Shaadi.com, SimplyMarry.com and JeevanSathi.com
to restrain from displaying advertisements with names of the petitioner in the
“AdWords” programme of the Google. Whenever BharatMatrimony’s name was
displayed on Google search, the three competitive sites appeared on the right
hand side thereby infringing the trademark of BharatMatrimony and its related
sites.

The Madras High Court had refused to
restrain Google and the three sites from displaying such pop-ups whenever
‘BharatMatrimony’ was keyed in during Google search. A three-judge Bench of
Chief Justice Altamas Kabir and Justices S.S. Nijjar and J. Chelameswar granted
the stay on the three websites after senior counsel Mujkul Rohatgi, appearing
for Google, said the names of Shaadi.com, People Interactive Pvt. Ltd., Jeevansathi
Internet Services P. Ltd. and Times Business Solutions Ltd. would be removed
from the programme.

Senior counsel Aram Sundaram and counsel
A.A. Mohan and K.V. Mohan appearing for BharatMatrimony submitted that by
permitting the competitors to display their websites, Google was infringing the
trademark rights of the company and capitalising on its goodwill and
reputation.

In 2009, Chennai-based Consim Info, that runs
Bharatmatrimony.com, had petitioned the Madras High Court against Google for
displaying their competitors’ ads on Google search result page when someone
searches for ‘bharatmatrimony’, and taken Google, Shaadi.com and SimplyMarry.com
to court.

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