Accepting the trans-border reputation of the trademark GROUPON, the Delhi High restrained an Indian company from using the trademark in relation to their business of offering discount coupons for products and services and any deceptive variation thereof.
Plaintiff Groupon, a US corporation, alleged that defendant’s illegal and unauthorized use of the mark GROUPON is calculated to deceive the public into believing that defendant’s services are those of theirs or are in some way connected or associated with the them.
The Court said, “Plaintiff is prior user of the mark GROUPON – initially from the website http://www.getyourgroupon.com in October 2008, and subsequently from the website http://www.groupon.com in June 2009” and further added “plaintiff has prima facie established that in addition to prior use, its goodwill had spilled over into India prior to the defendants adoption of the trade mark in question.”
“One cannot lose sight of the fact that the plaintiff offers its services on cyber space, and not through physical products. In the era of internet technology, the dissemination of information is instant as it is not constrained by territorial boundaries. Furthermore, the presence of social networking websites have made it possible for an organization to advertise its services and products online thereby reaching thousands of people world over instantaneously, as opposed to conventional modes of advertising through journals and magazines”, the Court observed.