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Delhi High Court Orders Interim Injunction Against Unauthorized Use Of HT Media's 'Shine' Trademark By Rogue Job Search Websites
Suhavi Arya
17 Jan 2022 5:15 AM GMT
The Delhi High Court recently restrained certain rogue websites/ entities from unauthorizedly using HT Media's brand and trademark 'SHINE', 'shine learning', and copyright of its website. Justice Yogesh Khanna passed the interim injunction against 8 rogue websites/ entities from infringing the company's registered trademarks and/or copyrights, on a plea filed by the company alleging...
The Delhi High Court recently restrained certain rogue websites/ entities from unauthorizedly using HT Media's brand and trademark 'SHINE', 'shine learning', and copyright of its website.
Justice Yogesh Khanna passed the interim injunction against 8 rogue websites/ entities from infringing the company's registered trademarks and/or copyrights, on a plea filed by the company alleging rogue entities are targeting innocent members of the public by offering purported jobs / job interviews / career-related services under the aegis of its brand name.
Thus, the Court directed the domain name registrars to provide further information such as name, email address, IP address etc. used by the rogue websites.
Further, it ordered:
- Operator of email service 'Gmail' to disclose the identity /relevant information of the rogue defendant's email IDs, and shut down the impugned email Ids till the next date of hearing;
- Department of Telecommunications and Ministry of Electronics and Information Technology to a issue notification qua various internet/ telecom service providers directing them to block access of the rogue websites;
- Cyber Crime Cell and Economic Offences Wing, Delhi Police to reveal information as to user details of the rogue defendants.
Background:
The plaintiff, HT Media is in the business of print media, radio, internet, etc. They, under the brand name 'Shine' / 'shine.com' also provide career management services to job seekers. The rogue defendants allegedly tried to unauthorisedly used the name/trademark(s)/logo(s) of the plaintiff, along with copying the feel of the plaintiff's website and domain name.
Claiming to received several consumer complaints from innocent victims of these rogue defendants, HT Media filed an urgent application under Order 39 Rule 3 of CPC. The suit sought protection of statutory rights in its registered trademarks under the Trade Marks Act and/or its copyright in the contents of the plaintiff's website / domain name under the Copyright Act.
Court's observations:
The Court noted that the plaintiff is a registered proprietor of its trademarks, domain name, logo and/or trade dress and the copyright-holder in the contents of the plaintiff's website / domain name.
Furthermore, the fact that defendant (8 rogue websites) have been violating the rights of the plaintiff has been "established prima facie".
Accordingly, it passed the interim protection order.
The Court noted that the plaintiff would suffer irreparable harm and injury if an order of injunction is not passed. The balance of convenience is also in favour of the plaintiff and against the defendants on account of being the rightful owner and having legitimate interest.
Case Title: HT Media Ltd. v. Pooja Sharma & Ors.
