19 Sep 2022 5:45 AM GMT
Passing an ad interim injunction in favour of Indiamart - a famous online business to business internet marketplace, the Delhi High Court has restrained a person, who was allegedly duping public by misrepresenting himself as the company's representative and offering job opportunities, from using the mark 'Indiamart' or any other name identical to it.Justice Pratibha M Singh also...
Passing an ad interim injunction in favour of Indiamart - a famous online business to business internet marketplace, the Delhi High Court has restrained a person, who was allegedly duping public by misrepresenting himself as the company's representative and offering job opportunities, from using the mark 'Indiamart' or any other name identical to it.
Justice Pratibha M Singh also directed immediate blocking of the domain name https://india-mart.co/ which was being operated by him and asked the police to conduct investigation in the matter.
"The domain name https://india-mart.co/ shall be locked and suspended by the domain name registrar- GoDaddy.com LLC. Status quo shall be maintained as to the ownership of the domain name. Further, the email address, email@example.com shall also be blocked by Defendant No.3. (GoDaddy.com)," the Court ordered.
Indiamart had sued Khan over illegal and unauthorised adoption and use of its trademark, alleging that he was luring gullible persons and was offering them 'work from home' jobs under the 'Indiamart's Data Entry Project'. It was claimed that Khan was offering various plans to the public on payment of an application fees of Rs. 899 and 1199.
The Court said it is clear that Khan is "completely passing off" and indulging in fraudulent activity by showcasing himself as Indiamart's representative and collecting various sums of money by allegedly offering job opportunities.
"The website leaves no doubt in the mind of the Court that the entire business of Defendant No.1 is mala fide, dishonest and illegal and also contrary to law," the Court said.
The Court thus directed GoDaddy.com to place on record the details of the person who had registered the said domain name and if it had granted any request for 'privacy protect feature' to the Domain Name Registrant.
The details regarding the payment received from Khan and any further services being offered to him have also been sought from GoDaddy.
The Court also directed the ACP of Delhi Police's Cyber Crime Unit to conduct an investigation in the matter and to file a status report by the next date of hearing. The officer also assured the Court that he will be speaking with the relevant bank for immediate freezing of Khan's bank account.
The counsel representing the bank also assured the court that the bank account in question will be immediately frozen.
Title: INDIAMART INTERMESH LIMITED v. MR SAMEER SAMIM KHAN & ORS.
Click Here To Read Order