Ensure That Infringing Websites Are Blocked: Delhi HC Passes Ad-Interim Injunction Against Fake & Fraudulent Websites Infringing 'Mudrex' Trademark
The Delhi High Court passed an ad-interim injunction order against fake and fraudulent websites infringing the 'Mudrex' trademark and ordered that these websites be blocked.
The Court stated that the plaintiff demonstrated a prima facie case for grant of injunction and consequently ordered the removal of these infringing websites. The Court stated that “in case, no ex-parte ad-interim injunction is granted, the plaintiff will suffer irreparable loss.”
A Single Bench of Justice Mini Pushkarna observed, “Defendant no. 10, their associated companies, subsidiaries, directors, wholesalers, distributors, partners or proprietors, as the case may be, its officers, servant and agents, are restrained from using in any manner whatsoever for any goods or services the plaintiff’s marks and/or any mark deceptively similar to the plaintiff’s trademarks, amounting to infringement of the plaintiff’s trademarks and passing off.”
Advocates Vipin Tyagi and Sanjana Jain appeared for the plaintiff.
RPFAS Technologies Pvt Ltd (plaintiff), operating under the platform "Mudrex," registered a lawsuit alleging trademark infringement, passing off, and fraudulent activities by unknown websites.
The defendants were accused of operating fraudulent websites under the name of the plaintiff’s company and its trademarks, scamming the public, and causing undue harm and injury to the reputation and goodwill of the plaintiff.
The plaintiff argued that the fraudulent websites misused the plaintiff’s trademarks, thereby violating the plaintiff's statutory and common law rights. The platforms in question were allegedly used to dupe innocent customers into investing lakhs of rupees on their fraudulent websites, as well as sharing sensitive documents such as their Aadhar Card, PAN card, bank statement, property papers, etc.
The plaintiff also submitted that the acts of using the marks for defrauding people and making illegal gains were patently dishonest. They argued that the defendant’s acts of using the plaintiff’s mark without authorization amounted to infringement of trademark under Section 29 of the Trade Marks Act, 1999.
The High Court directed the defendant to take down the infringing websites within 48 hours of the order.
“Defendant no. 10 is directed to take down the infringing websites within 48 hours of passing this order. In case, the defendant no. 10 does not take any action for taking down the infringing websites, then defendant nos. 4 to 8 shall take immediate steps to block access to all the infringing websites,” the Court ordered.
Consequently, the Court held that the balance of convenience lay in favour of the plaintiff and directed the Ministry to “ensure that the infringing websites are blocked.”
Accordingly, the High Court listed the matter for further hearing on 16th December, 2024.
Cause Title: RPFAS Technologies Private Limited v. Ministry Of Communications & Ors.
