Likely To Suffer Irreparable Harm - Delhi HC Restrains Rogue Websites From Using Amazon Trademark And Logo
Justice Jyoti Singh of the Delhi High Court heard a case filed by Amazon Seller Services Private Limited against parties who had engaged in a pre-planned conspiracy to defraud and dupe innocent members of the public.
The rogue Defendants were unauthorizedly and illegally using Amazon's Marks, either on the rogue websites and social media pages operated by them or as part of the domain name registered by the Rogue Defendants and were blatantly reproducing Amazon's Website Content as well as adopting a look and feel that is identical to Amazon's website.
The Court took the view that the Plaintiffs made out a prima facie case for the grant of an ex parte ad-interim injunction.
It was held that the "Balance of convenience lies in favour of the Plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted. Additionally, the activities of the Rogue Defendants are leading to a financial loss to the innocent and unsuspecting members of the public."
Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra, Ms. Sneha Jain, Mr. Vivek Ayyagari, Mr. Sudarshan M.J. and Ms. Suhasini appeared for the Plaintiffs. Mr. Sharique Hussain appeared for one of the Defendants.
The Court directed the Department of Telecommunication and Ministry of Electronics and Information Technology to issue notifications calling upon the various internet and telecom service providers registered under it to block access to the various websites or rogue defendants identified by the plaintiffs.
The Court restrained the rogue websites from using the mark "AMAZON", "Amazon.in" etc. or any deceptive variants which are identical or similar to the AMAZON marks, or any marks amounting to infringement of Plaintiffs' trademarks in any manner.
The Court also directed that the fake accounts of the rogue Defendants be suspended on social media sites, and their bank accounts be frozen and the bank details be furnished.