Recently, the Bombay High Court recalled its prior direction to GoDaddy.com LLC (“GoDaddy”) restraining GoDaddy from registering any domain containing the mark SWIGGY without prior permission of Bundl Technologies Pvt Ltd.
The plaintiff had filed a suit against a number of infringing entities, alleging infringement of its registered trademark SWIGGY. It was the plaintiff’s case that the infringing entities had been deceiving people by collecting money from them under the false pretense of bringing them on board the Swiggy Instamart Platform. While granting ex-parte relief to the plaintiff, the court also directed GoDaddy to not register any domain name containing the mark SWIGGY.
GoDaddy, aggrieved by the order, filed an application requesting part recall of the order to the extent that it restrained GoDaddy from registering any domain name consisting of the mark SWIGGY without the plaintiff’s permission. While considering GoDaddy’s request, the court noted that GoDaddy could potentially prevent users from registering names with words that would infringe upon the plaintiff’s registered marks. However, the court held that disallowing registration of any domain name containing the mark SWIGGY would amount to granting a global temporary injunction.
In order to balance the rights of both the parties, the court modified its order to direct GoDaddy to inform the plaintiff as and when a domain name registration is granted which contains the mark SWIGGY.
Bundl Technologies Private Limited vs. Aanit Awattam alia Aanit Gupta & Ors., IA (Lodging) No. 38837 of 2022 in IA (Lodging) No. 26556 of 2022 in Commercial IP suit (lodging) No. 26549 of 2022.