Bombay High Court
Marico Limited vs John Doe Ashok Kumar on 7 August, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
16-ial-24516-2024.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
JITENDRA
ORDINARY ORIGINAL CIVIL JURISDICTION
JITENDRA SHANKAR
SHANKAR
NIJASURE
NIJASURE
Date:
2024.08.12
IN ITS COMMERCIAL DIVISION
12:35:32
+0530
INTERIM APPLICATION (L) NO.24516 OF 2024
IN
COM IPR SUIT (L) NO.24196 OF 2024
Marico Ltd. ...Applicant /
Plaintiff
Versus
John Doe / Ashok Kumar & Ors. ...Defendants
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Hiren Kamod, Nishad Nadkarni, Aasif Navodia, Khushboo
Jhunjhunwala, Jaanvi Chopra and Rakshita Singh i/b. Khaitan & Co.
for the Applicant / Plaintiff.
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CORAM : R.I. CHAGLA J.
DATE : 7TH AUGUST, 2024.
ORDER :
1. This is an action for infringement of the Plaintiff's registered trade marks and copyrights combined with a cause of action for passing off being committed, as per the Plaintiff, by unknown persons who are attempting to impersonate the Plaintiff and defraud and dupe the members of the general public. The Plaintiff seeks to move without notice to the Defendants for the reasons set out in paragraph 51 of the Plaint. Mr. Kamod, Ld. Advocate for the Plaintiff, submits that for the present the 1/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc Plaintiff is restricting its application to the relief for infringement of trade marks and copyright and for certain orders and directions. I am satisfied that the purpose of an injunction and ad-interim injunction order would be defeated by any delay in giving notice. The Plaint and the documents annexed thereto contain disclosures sufficient to sustain an ex-parte application.
2. It is stated that the Plaintiff is a reputed and well-established entity incorporated in the year 1988 and is one of the leading players in the Fast Moving Consumer Goods (FMCG) market in India, that manufactures and markets inter alia packaged edible oil, edible coconut oil, value added hair oils, hair oils, oats and oats products, honey, beauty product(s) and other food and personal care product(s) under its portfolio of various well- known and prestigious brands including the well-known brands PARACHUTE, PARACHUTE ADVANSED JASMINE, HAIR & CARE, NIHAR and LIVON. It is stated that the Plaintiff is a company with an established market and reputation in over 50 countries and has charted a consolidated annual turnover of over Rs.9653 crores (which includes the Plaintiff's domestic and international business) during the financial year 2023-24 across its portfolio.
3. It is stated that the mark MARICO is the principal house mark which was coined / invented using a part of the surname of the promoter family and is owned by the Plaintiff. It is stated that the mark MARICO also forms the leading and essential feature and part of the Plaintiff's corporate name which was 2/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc independently conceived and adopted in the year 1988 and the said mark was also incorporated as a part of the Plaintiff's corporate name and trading style. It is stated that the mark MARICO has been used globally on an exclusive scale upon and in relation to a wide range of consumer products in India as well as globally. It is stated that for decades, the mark MARICO has been used by the Plaintiff, in respect of products sold by the Plaintiff, due to which the said mark MARICO has acquired further distinctiveness. The mark MARICO appears prominently on the products and in relation to services of the Plaintiff.
4. It is stated that not only is MARICO used as a trade mark and corporate name, but the same also forms a part of the Plaintiff's domain name i.e., www.marico.com on which the details and range of products of the Plaintiff under the mark MARICO can be easily accessed by the members of trade and public. It is stated that the said website also provides details of employment opportunities available at the Plaintiff's organization and facilitates candidates in submitting job applications on the website itself which is accessible at https://marico.com/india/careers/work-with-us. It is stated that no other entity in India or worldwide was using MARICO or any trade name/mark similar thereto for identical or similar products or services either as a trade mark or a corporate name prior to the Plaintiff, who was first to adopt and use the same as a trade mark.
5. It is stated that the Plaintiff also uses a distinctive device 3/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc comprising of the mark MARICO i.e., . It is stated that the MARICO Device Mark i.e., qualifies as an original artistic work in which copyright subsists and such copyright is owned by the Plaintiff. It is stated that the MARICO Device Mark is further supplemented with the tagline of the company 'make a difference' which is exclusively used by the Plaintiff. It is stated that the MARICO Device Mark has been / is used as a trade mark and/or in a trade mark sense upon and in relation to the products sold under the brand MARICO.
6. It is stated that the Plaintiff has also obtained trade mark registrations in respect of the mark MARICO, the MARICO Device Mark and/or marks consisting of the same as one of the leading, essential and distinctive features, details of which are set out in paragraph 13 of the Plaint. Copies of registration certificates are at Exhibits A-1 to A-23 to the Plaint. An indicative list of a few of the Plaintiff's registrations secured in respect of the aforesaid mark in various countries across the world is at paragraph 14 of the Plaint.
7. It is stated that the Plaintiff has also registered several official domain names which have been renewed from time to time and which incorporate its principal mark MARICO. My attention is drawn to the list of a few domain names registered, owned and operated by the Plaintiff bearing the mark MARICO at paragraph 4/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc 15 of the Plaint.
8. It is stated that the Plaintiff sells and distributes its large range of products bearing the MARICO Registered Marks along with other product related marks through a huge network of distributors and dealers across various states across India. It is stated that the Plaintiff's range of products bearing the MARICO Registered Marks and the MARICO Device Mark have been extensively sold and have become extremely successful and popular. It is stated that the Plaintiff's products sold bearing the MARICO Registered Marks and the MARICO Device Mark have earned the Plaintiff substantial revenues. The Plaintiff's sales figures are set out in paragraph 17 of the Plaint with copies of sample invoices at Exhibit B to the Plaint. It is stated that the Plaintiff has invested substantially in advertising, publicizing and promoting its range of products under the MARICO Registered Marks including the MARICO Device Mark over the last several years. The approximate promotional expenses incurred by the Plaintiff in this regard are set out in paragraph 18 of the Plaint, with samples of promotional material at Exhibit C to the Plaint.
9. It is stated that the Plaintiff's domain name viz.
https://marico.com/ has been registered / created as early as on 26 September 2000. My attention is drawn to the printout of the domain name details in respect of the Plaintiff's domain name https://marico.com/ as extracted from the WHOIS database annexed at Exhibit D to the Plaint. It is stated that the mark 5/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc MARICO as well as the MARICO Device Mark are prominently depicted on the Plaintiff's website and the said website is accessible worldwide and generates extensive user traffic in India. It is stated that the website of the Plaintiff bearing the mark MARICO and the MARICO Device Mark has separately acquired goodwill and reputation and the same has come to be exclusively associated with the Plaintiff.
10. It is stated that the Plaintiff has acquired an enormous reputation and goodwill in the mark MARICO, the MARICO Registered Marks and the MARICO Device Mark. It is stated that the MARICO Registered Marks and the MARICO Device Mark are associated by the consumers, traders and public at large exclusively by the consumers, traders and public at large exclusively with the Plaintiff.
11. According to the Plaintiff, in or about the second week of May 2024, the Plaintiff came to learn that some unknown persons/entities/Defendant Nos. 1 to 4 have registered a domain name viz. www.careersmarico.com along with associated email addresses [email protected] and [email protected], which have no association or connection with the Plaintiff. The Plaintiff further learnt that the Impugned Domain Name is being used by unknown persons/entities/Defendant Nos. 1 to 4 to defraud and dupe the members of the general public and/or job seekers by representing the same to be originating from the Plaintiff and by charging large sums as security deposits from unsuspecting job 6/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc seekers to be deposited in a bank account, falsely misrepresenting the same to be held/operated by and in the name of the Plaintiff with Defendant No. 9 (Canara Bank) bearing account number: 110155260225 and IFSC Code:
CNRB0002756.
12. It is stated that Defendant Nos. 1 to 4, through the Impugned Domain Name, are also collecting personal information of such unsuspecting job seekers under false pretenses, leading to potential identity theft and financial loss to such job seekers. The Plaintiff has identified instances of the unknown persons/entities/Defendant Nos. 1 to 4 duping various job seekers by misrepresenting itself to be the Plaintiff company, in the manner as more particularly set out in paragraphs 25 to 27 of the Plaint. It is stated that one such job seeker namely Mr Srinivas Maddali was approached by unknown persons/entities/Defendant Nos. 1 to 4 from the Impugned Domain Name and email address thereunder and was asked to pay a sum of INR 8,750 as and by way of security deposit for getting an opportunity to get interviewed by the Plaintiff. It is stated that Mr Srinivas, being under the bona fide impression that the job opportunity email was addressed by the Plaintiff, proceeded to make such payment to the unknown persons/entities/Defendant Nos. 1 to 4 through the Impugned Bank Account. Upon making such payment, Mr Srinivas was then asked to make a further payment of a sum of INR 15,000 towards training expenses purportedly to be organized at the behest of the Plaintiff. It is stated that Mr Srinivas, at this point 7/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc of time, suspected that a scam was being perpetrated by unknown persons/entities/Defendant Nos. 1 to 4 using the name of the Plaintiff and he accordingly forwarded the email received by him to the Plaintiff for verification purposes and necessary action. My attention in this regard is drawn to email correspondences and fake interview letters involving various job seekers who were duped by Defendant Nos. 1 to 4 as also the proof of payment made by Mr Srinivas, annexed at Exhibits G to K to the Plaint.
13. It is stated that upon receiving several complaints from various individuals, the Plaintiff started making enquiries and upon such preliminary enquiries in the public domain, the Plaintiff learnt that the name and details of the owner/registrant of the Impugned Domain Name is masked/privacy protected and not publicly available. The Plaintiff further learnt that the Impugned Domain Name was being hosted by Defendant No. 5 (GoDaddy LLC). A printout of the WHOIS search page in respect of the Impugned Domain Name is annexed to the Plaint at Exhibit L.
14. It is stated that with a view to safeguard its rights and prevent more people from being duped by the unlawful activities of the unknown persons/entities/Defendant Nos. 1 to 4, the Plaintiff immediately lodged complaints with the Cyber Police Station, Mumbai, copies whereof are annexed at Exhibit M to the Plaint. It is stated that the Vakola Police Station has taken cognizance of the complaints lodged by the Plaintiff and has, vide notice dated 21 May 2024, requested Defendant No. 5 to delete and 8/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc immediately provide details pertaining to the Impugned Domain Name and associated email addresses. It is further stated that the Plaintiff's information technology team had also raised a complaint with Defendant No. 5 on or about 22 May 2024, on the grievance redress portal on their website regarding Defendant Nos. 1 to 4's fraudulent activities. A screenshot from Defendant No. 5's website indicating that the complaint was submitted by the Plaintiff along with the response received from Defendant No. 5 are annexed at Exhibit O to the Plaint.
15. The Plaintiff submits that on 24 May 2024, the Plaintiff had also through its advocates, addressed a letter to Defendant Nos. 5 and 6 requesting them to disclose the identity, name, address and other details of the owner/registrant of the Impugned Domain Name and further requested Defendant Nos. 5 and 6 to take necessary steps to taken down the Impugned Domain Name along with the associated email addresses. It is stated that on or about 1 June 2024, the Plaintiff's advocates received a response email from the Trade Mark Department of Defendant No. 5 inter alia informing the Plaintiff that the ICANN regulations prevent it from acting as the arbiter of domain name disputes and that a complaint of such nature would need to be taken up with the domain name registrant directly or through a court proceeding. My attention is drawn to the notice dated 24 May 2024 and the response email dated 01 June 2024 thereto annexed at Exhibits P and Q to the Plaint.
16. It is stated that the Plaintiff also made an attempt to make a test 9/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc payment to the Impugned Bank Account through online payment applications which revealed the name of Defendant No. 4 (one Pankaj Rai) as the beneficiary of the Impugned Bank Account. My attention is drawn to the screenshot of the relevant page from the mobile application which suggests that Defendant No. 4 is the beneficiary / owner of the Impugned Bank Account annexed at Exhibit R to the Plaint.
17. Mr. Kamod submits that Defendant Nos. 1 to 4's use of the Impugned Domain Name and the associated email addresses amounts to infringement of the Plaintiff's registered trade marks and copyrights, and my attention is drawn to relevant averments in respect thereof at paragraphs 36 to 38 of the Plaint. He submits that the identity / resemblance of Defendant Nos. 1 to 4's Impugned Domain Name and associated email addresses and the Impugned Bank Account with that of the Plaintiff's corporate name/marks/device/domain names is clear evidence of the intention of Defendant Nos. 1 to 4 to deceive and confuse the public, consumers and traders.
18. Mr. Kamod submits that in the aforesaid circumstances, it is absolutely just and necessary that an exparte ad-interim order be passed restraining Defendant Nos. 1 to 4 from infringing the Plaintiff's registered trade marks and copyright, and committing acts of passing off. He submits that in view of the special circumstances including the dishonest intentions of the Defendant Nos. 1 to 4, the Plaintiff apprehends that the Defendant Nos. 1 to 4 would destroy/conceal all evidence of 10/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc their wrongful acts, thereby defeating the purpose of making the present application.
19. Mr. Kamod submits that Defendant Nos. 5 and 6 be ordered and directed to disclose in an affidavit the identities of Defendant Nos. 1 to 4 or any other persons/entities/firms/concerns involved in operating and managing the Impugned Domain Name and the associated email addresses. He submits that upon such disclosure being made, grant leave to the Plaintiff to amend the Plaint and pleadings in the matter with a view to include such parties and addresses in the proceedings.
20. Mr. Kamod submits that Defendant No. 9 and/or its parent(s) bank be ordered and directed to disclose in an affidavit the identity, details, including KYC, debit card information, credit card information, details of transactions including quantum of monies wrongfully and unjustly extracted/earned by Defendant Nos. 1 to 4 / unknown persons / entities or transferred to any other account therefrom (along with details of such other bank accounts), the names and details of the payers, or any other details of Defendant Nos. 1 to 4 or any other persons/entities/firms/concerns involved in operating and managing the Impugned Bank Account or such other bank account connected with the Impugned Bank Account in any manner or in the course of transactions emanating from the Impugned Bank Account. He submits that upon such disclosure being made, Defendant No. 9 be ordered and directed to forthwith freeze the Impugned Bank Account or any such other 11/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc bank accounts and deposit the proceeds of such monies lying in such accounts in this Hon'ble Court.
21. Mr. Kamod submits that Defendant Nos. 1 to 4 (including unknown persons) be ordered to disclose in an affidavit the details of transactions including quantum of monies wrongfully and unjustly extracted/earned by Defendant No.1, the names and details of the payors, the details of the beneficiary bank accounts wherein the monies were transferred as a part of Defendant Nos. 1 to 4's fraudulent activities under the Impugned Domain Name and associated email addresses or any other domain name/email addresses identical with or similar to and/or comprising of the Plaintiff's mark MARICO, the MARICO Registered Marks including the MARICO Device Mark. He submits that upon such disclosure being made, Defendant Nos. 1 to 4 be ordered and directed to deposit the proceeds of such monies in this Hon'ble Court, and leave be granted to the Plaintiff to amend the Plaint and pleadings in the matter with a view to include the banks maintaining such accounts facilitating fraudulent transactions in the proceedings and seek appropriate orders and direction.
22. Mr. Kamod submits that at this stage, the Plaintiff is not pressing for the remaining reliefs including the relief for appointment of Court Receiver at this stage, and shall press for the remaining reliefs at a later stage if required.
23. I have heard the submissions and perused the record. Prima facie, the Plaintiff has secured registrations of the MARICO 12/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc Registered Marks including the MARICO Registered Marks ; and domain names which includes the MARICO Registered Marks The Plaintiff also appears to be the owner of the copyrights subsisting in the artistic works comprised in the said MARICO Device Mark. From the details mentioned in the Plaint and the documents thereto, it is evident that the same have gained goodwill and reputation and are popular amongst the public at large.
24. Prima facie, there is no manner of doubt that the Defendant Nos. 1 to 4's Impugned Domain Name careersmarico.com and the associated email addresses thereunder viz. [email protected] and [email protected] contain the whole of the Plaintiff's trade mark MARICO and/or the MARICO Registered Marks and is identical and/or deceptively similar to the Plaintiff's MARICO Registered Marks. I am also convinced that Defendant Nos. 1 to 4's Impugned Domain Name and the associate email addresses viz. [email protected] and [email protected] are being used as instruments to deceive and defraud the general public into believing that the Impugned Domain Name and the associated email addresses thereunder as well as the Impugned Bank Account are those of the Plaintiff and/or its illicit activities are connected with the Plaintiff and/or its business activities. In the aforesaid circumstances, I am satisfied that the Plaintiff has made out a strong prima facie case for the grant of ex-parte ad-interim reliefs. The balance of convenience is in favour of the Plaintiff. Unless reliefs as prayed for are granted, the Plaintiff will suffer 13/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc irreparable harm / injury which cannot be compensated in terms of money.
25. In view of the averments in paragraph 51 of the Plaint and the foregoing discussion, I am satisfied that giving notice to the Defendants before passing this order would defeat the very purpose of granting ad-interim relief. In the circumstances, there shall be ad-interim relief in terms of prayer clauses (b), (c), (d),
(e), (f), (g) and (h) of the Interim Application, except the bracketed portions in red, which are as under:
b. Pending the hearing and final disposal of the suit, Defendant Nos. 1 to 4 (including unknown persons), their directors, proprietors, partners, owners, servants, subordinates, representatives, stockists, dealers, agents and all other persons claiming through or under them or acting on their behalf or under their instructions be restrained by a temporary order and injunction of this Hon'ble Court from infringing in any manner the MARICO Registered Marks of the Plaintiff bearing nos. 524201, 524202, 1354713, 2829340, 524203, 1354717, 2829343, 956405, 1354719, 956406, 524204, 1354721, 2829344, 524205, 1354722, 2829341, 524206, 1239245, 1354725, 1239246, 1239248, 1239247 and 1361480 and from using in any manner including in relation to the Impugned Domain Name careersmarico.com and/or the associated email addresses [email protected] and [email protected] and/or any material, letterheads, stationary, visiting cards, the Plaintiff's said mark MARICO and the MARICO Registered Marks and / or the MARICO Device Mark or any other marks/domain names/ email addresses/ logos which are identical with or similar to the mark MARICO and the MARICO Registered Marks and the MARICO Device Mark of the Plaintiff and from marketing, advertising, offering employment opportunities or rendering any services or 14/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc in any manner using the Impugned Domain Name and associated email addresses or the Plaintiff's MARICO Device Mark or any other domain name/email addresses/ marks/ logos identical with/similar and/or comprising of the Plaintiff's mark MARICO and the MARICO Registered Marks or any features thereof;
c. Pending the hearing and final disposal of the suit, Defendant Nos. 1 to 4 (including unknown persons), their directors, proprietors, partners, owners, servants, subordinates, representatives, stockists, dealers, agents and all other persons claiming through or under them or acting on their behalf or under their instructions be restrained by a temporary order and injunction of this Hon'ble Court from infringing in any manner the Plaintiff's copyrights in the artistic works comprised in the Plaintiff's MARICO Device Mark and from reproducing/ copying the said artistic works or any substantial part of the said artistic works on any material including without limitation interview letterheads used by Defendant Nos. 1 to 4 or any of the material used/may be used by Defendant Nos. 1 to 4 upon or in relation to which the said artistic works have been reproduced or substantially reproduced or by issuing copies of such works to the public;
d. Pending the hearing and final disposal of the suit, Defendant Nos. 1 to 4 (including unknown persons), its directors, proprietors, partners, owners, servants, subordinates, representatives, stockists, dealers, agents and all other persons claiming through or under them or acting on their behalf or under their instructions be restrained by a temporary order and injunction of this Hon'ble Court from committing the tort of passing off in any manner and from marketing, advertising, offering employment opportunities or rendering any services or dealing in the Impugned Domain Name and associated email addresses or any other domain name/email addresses identical with/similar and/or comprising of the Plaintiff's mark MARICO and the MARICO Registered Marks or any similar domain names/email addresses 15/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc bearing the Plaintiff's mark MARICO or the MARICO Registered Mark or any features thereof or from using any material, letterheads, stationary, visiting cards bearing/containing the MARICO Device Mark and/or the MARICO Registered Marks or any other marks/logos/devices identical or similar thereto;
e. Pending the hearing and final disposal of the suit, Defendant Nos. 5 and 6, and all other persons claiming through or under them or acting on their behalf or under their instructions or acting in concert with them be ordered and directed to disclose in an affidavit the identities of Defendant Nos. 1 to 4 or any other persons/entities/firms/concerns involved in operating and managing the Impugned Domain Name and the associated email addresses [or any other domain name/email address which is similar to/identical with and/or comprises of the Plaintiff's corporate name MARICO, the MARICO Registered Marks, the MARICO Device Mark or any other corporate name/trademarks which is similar to/identical with and/or comprises of the Plaintiff's corporate name MARICO, the MARICO Registered Marks, the MARICO Device Mark] and upon such disclosure being made, grant leave to the Plaintiff to amend the Plaint and pleadings in the matter with a view to include such parties and addresses in the proceedings, if necessary;
f. Pending the hearing and final disposal of the suit, Defendant No. 9, its parent(s) bank be ordered and directed to disclose in an affidavit the identity, details, including KYC, debit card information, credit card information, details of transactions including quantum of monies wrongfully and unjustly extracted/earned by Defendant Nos. 1 to 4/unknown persons/entities or transferred to any other account therefrom (along with details of such other bank accounts), the names and details of the payers, or any other details of Defendant Nos. 1 to 4 or any other persons/entities/firms/concerns involved in operating and managing the Impugned Bank Account [or such other bank account connected with the 16/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc Impugned Bank Account in any manner or in the course of transactions emanating from the Impugned Bank Account] and upon such disclosure being made, Defendant No. 9 be ordered and directed to forthwith freeze the Impugned Bank Account [or any such other bank accounts] and deposit the proceeds of such monies lying in such accounts in this Hon'ble Court;
g. Pending the hearing and final disposal of the suit, Defendant Nos. 1 to 4 (including unknown persons), their directors, proprietors, partners, owners, servants, subordinates, representatives, stockists, dealers, agents and all other persons claiming through or under them or acting on their behalf or under their instructions be ordered to disclose in an affidavit the details of transactions including quantum of monies wrongfully and unjustly extracted/earned by Defendant No.1, the names and details of the payors, the details of the beneficiary bank accounts wherein the monies were transferred as a part of Defendant Nos. 1 to 4's fraudulent activities under the Impugned Domain Name and associated email addresses or any other domain name/email addresses identical with or similar to and/or comprising of the Plaintiff's mark MARICO, the MARICO Registered Marks including the MARICO Device Mark and upon such disclosure being made, Defendant Nos. 1 to 4 be ordered and directed to deposit the proceeds of such monies in this Hon'ble Court, and leave be granted to the Plaintiff to amend the Plaint and pleadings in the matter with a view to include the banks maintaining such accounts facilitating fraudulent transactions in the proceedings and seek appropriate orders and directions, if necessary;
h. Pending the hearing and final disposal of the suit, Defendant Nos. 5 to 8, and all other persons claiming through or under them or acting on their behalf or under their instructions or acting in concert with them be ordered to take steps and/or assist in taking steps to take down/suspend/block the Impugned Domain Name careersmarico.com and the associated email addresses 17/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc [email protected] and [email protected] [or any other domain name / email address that have been applied for / registered which is similar to/identical with or consists of the Plaintiffs mark MARICO and the MARICO Registered Marks, barring the domain names Onemarico.com and marlco.in which are owned/registered by the Plaintiff and hosted by Defendant No. 5].
26. It is made clear that the prayer clause (h) which is granted above, shall only operate against Defendant Nos. 5 and 6, at this stage.
27. Defendant Nos. 5, 6 and 9 are directed to make the necessary disclosures as per the prayers granted above in respect of the Impugned Domain Name careersmarico.com and the associate email addresses [email protected] and [email protected] and Impugned Bank Account bearing account number 110155260225 and IFSC Code: CNRB0002756 on or before 28 August 2024.
28. Plaintiff is at liberty to press for other and further reliefs at the next date of hearing, if required.
29. The Plaintiff shall serve a copy of this order on Defendant Nos. 5 to 9. The Plaintiff will comply with the provisions of Order 39 Rule 3 C.P.C within 5 days from the date of this order being uploaded / made available.
30. Liberty to the Defendants to apply for a variation, modification of this order after at least seven clear working days' notice to the 18/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 ::: 16-ial-24516-2024.doc Advocates for the Plaintiff.
31. List the above Interim Application for further ad-interim reliefs on 30 August 2024.
32. This order will continue till 2 September 2024.
33. This order will be digitally signed by the Private Secretary / Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.
[ R.I. CHAGLA J. ] 19/19 ::: Uploaded on - 12/08/2024 ::: Downloaded on - 17/08/2024 02:18:21 :::