267-NMS257-14.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 257 OF 2014 WITH

SUIT NO. 98 OF 2014

…Plaintiffs …Defendants

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GO Holdings Private Limited & 2 Others Versus Interglobe Aviation Limited (IndiGo) & Anr.

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Mr. Amit Jamsandekar, with Mr. Rohan Wagh & Ms. Arya Bile, i/b Solomon & Co., for the Plaintiffs. Mr. Alankar Kirpekar, i/b MAG Legal, for Defendant No. 1. Mr. Aditya Thakkar, with Mr. Chanakya Keswani, i/b Economic Laws Practice, for Defendant No. 2.

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PC:1.

CORAM: DATED:

G.S. PATEL, J 3rd October 2016

The Plaintiff is an airline company, the owner and operator of

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the GoAir airline. It has declared litigation war on the 1st Defendant, its rival that owns and operates Indigo Airlines. GoAir believes that Indigo should not use the domain name GoIndigo.in; it has intellectual property issues with Indigo’s chosen prefix Go in its domain name (though apparently not with the trailing go; a small mercy as it happens, for that might be a demand that Indigo should be rechristened Indi.)

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267-NMS257-14.DOC

For reasons that are presently unclear so far, Google India

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2.

Limited, the 2nd Defendant, is also said to be liable. Mr.

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Jamsandekar for the Plaintiff grants that this is not because the word

Go is also part of Google’s corporate and domain name (and much

else besides). That is all to the good, for the alternative is unthinkable — we might otherwise be forced to ogle the Web. 3.

Mr. Jamsandekar insists that there are important legal issues,

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and this is why, according to him, the filings in the Notice of Motion have reached the stage of a sur-rejoinder ending at page 441. Mr.

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Jamsandekar’s immediate goal is to file a sur-sur-rejoinder. He says that there is new material introduced by Indigo in sur-rejoinder and

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he is going to show actual confusion. Given the highly eccentric paging of this record, some confusion already exists, albeit not of the

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kind Mr. Jamsandekar has in mind. Goaded by this, Mr. Kirpekar for

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Indigo says he will then need to respond, adding even more heft to this already portentous litigation, by filing a sur-sur-sur-rejoinder — although he has, for reasons that are again not immediately apparent, gone ahead and filed a Written Statement even without

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waiting for directions from the Court. 4.

Let all these filings and cross-filings be completed in good

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time. List the Notice of Motion for directions on 31st January 2017. 5.

I will take up the suit itself for framing issues on 19th October

2016.

(G. S. PATEL, J.)

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Justice Patel Wit.pdf

Interglobe Aviation Limited (IndiGo) & Anr. ...Defendants. Mr. Amit Jamsandekar, with Mr. Rohan Wagh & Ms. Arya Bile, i/b. Solomon & Co., for the Plaintiffs.

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