‘Jodi’ -- a match made for trademark trouble? SC weighs matrimonial app dispute

Supreme Court urges settlement in 'Jodii' vs 'Jodi365' trademark battle

The Supreme Court has given Matrimony.com and FreeElective Network a week to settle their trademark dispute over the names 'Jodii' and 'Jodi365', signalling that it is inclined to uphold a Madras High Court injunction against the use of 'Jodii'. The bench of Justices PS Narasimha and Alok Aradhe described the high court's ruling as a 'fair order' and indicated that there did not appear to be any need to interfere with it.

The dispute pits Matrimony.com's vernacular matchmaking app 'Jodii', launched in 2021, against FreeElective Network's 'Jodi365', which has been in use since 2009. FreeElective, which secured registration for the composite 'Jodi365' mark, had contended that Matrimony.com's later adoption of a similar name for identical matrimonial services was likely to confuse consumers.

The Madras High Court accepted that contention earlier this month, overturning a 2022 single-judge ruling that had rejected FreeElective's claim. The high court held that 'Jodi' was the 'distinguishing, prominent and essential feature' of the registered mark and that the mark could not be dissected in a manner that deprived its essential element of protection. It also took into account that the two businesses offered substantially identical services and that FreeElective was the prior user, noting evidence of actual consumer confusion, including 11 communications and transcripts. The high court faulted the earlier approach of concentrating on visual differences, emphasizing that phonetic similarity cannot be ignored.

The high court directed Matrimony.com to surrender and destroy materials bearing the Jodii mark, while declining FreeElective's demand for ₹1 crore in damages for want of sufficient evidence.

Arguments before the Supreme Court

Senior advocate Akhil Sibal, appearing for Matrimony.com, argued that the company was no longer pressing for exclusivity over the word and was challenging the August 11 decision principally because it had reversed an earlier ruling in the company's favour. He pointed out that nearly 30 lakh users had paid for the service, particularly from middle- and lower-income groups, and offered to change the branding immediately to 'Jodii Matrimony' to ensure that the business did not shut down.

The bench, however, observed that the high court order merely operated as an injunction against Matrimony.com's use of the mark. When the bench asked, 'When you say Jodi is a generic word, how did you apply for its trademark?', Sibal responded by reiterating the offer to rebrand.

Senior advocate Gopal Sankaranarayan, representing FreeElective, opted not to counter the proposal. The bench then gave the parties a week to explore a settlement, saying, 'We are all for a resolution.' It made clear that if the parties failed to settle, the court would proceed to decide the appeal and that it was inclined to dismiss it. The Supreme Court indicated it would consider the matter again on September 7 if the parties were unable to arrive at a settlement.

Company responses and background

According to The Hindu Business Line, FreeElective's founder and CEO, S Anil Kumar, said his company had yet to receive any formal proposal from Matrimony.com. 'We are open to constructive discussions and will evaluate any fair proposal in good faith,' he told the publication. Kumar added that FreeElective had faced 'genuine hardship' and many instances of users confusing 'Jodi365' and 'Jodii', with some thinking the companies were related and others writing about issues on 'Jodii' assuming FreeElective was responsible. 'Our own users and potential customers were hesitating to subscribe because they were confused between the two brands,' he said.

The Hindu Business Line also reported that Matrimony.com's founder and CEO, Murugavel Janakiraman, did not respond to its queries on next steps to settle the issue. The same report said Matrimony.com, as per sources in the know, had proposed to rename the app 'Jodi Matrimony' rather than face the complete discontinuation of the service.

The legal battle began in October 2021, when Matrimony.com launched its Jodii app. Jodi365, which had already been in business for over a decade, sent a cease-and-desist notice to Matrimony.com, asserting its registered rights and pointing to likely confusion. Matrimony.com claimed that 'Jodii' was an original, arbitrary term and that it was free to use it. Jodi365 then filed a trademark infringement suit in the Madras High Court, which was dismissed by a single judge in July 2022. Kumar appealed, and the appeal was allowed on August 11, 2026, with the high court issuing a permanent injunction against Matrimony.com's use of the term. Matrimony.com filed a Special Leave Petition before the Supreme Court on August 12, requesting a stay on the injunction.

Perspectives

FreeElective Network: Founder and CEO S Anil Kumar said his company had not received a formal settlement proposal from Matrimony.com but was open to constructive discussions. He described user confusion between the two brands as a source of genuine hardship, including instances where users assumed the companies were related or contacted Jodi365 about issues on Jodii.

Matrimony.com: Senior advocate Akhil Sibal argued that the company was no longer seeking exclusivity over the word Jodi, and offered to rebrand the app as 'Jodii Matrimony' to avoid disruption for the nearly 30 lakh users who had paid for the service. Founder and CEO Murugavel Janakiraman did not respond to queries from The Hindu Business Line about next steps.