Delhi High Court - Orders
Fashnear Technologies Private Limited vs John Doe/S And Ors on 9 April, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 332/2025
FASHNEAR TECHNOLOGIES PRIVATE LIMITED .....Plaintiff
Through: Mr. Prithvi Singh & Mr. Rohan
Krishna Seth, Advocates.
versus
JOHN DOE/S AND ORS .....Defendants
Through: Mr. Gaurav Barathi, SPC & Mr. Rahul
Kumar Sharma, Govt. Pleader for R-
19 & 20.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 09.04.2025 I.A. 9314/2025 (exemption from filing original and clear copies of documents)
1. Allowed, subject to just exceptions.
2. The plaintiff is exempted from filing original documents at this stage.
3. The application stands disposed of.
I.A. 9312/2025 (u/s 12A of Commercial Courts Act)
4. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.
5. The application stands disposed of.
I.A. 9313/2025 (O-XI R-1(4) of the Commercial Courts Act)
6. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents.
CS(COMM) 332/2025 Page 1 of 13This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14
7. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the application is disposed of.
CS(COMM) 332/2025
9. Let the plaint be registered as a suit.
10. Issue summons.
11. Mr. Gaurav Barathi, counsel accepts summons on behalf of the defendants no. 19 and 20 and waives issuance of formal summons.
12. None appears on behalf of the defendants No. 2 to 18, despite advance service.
13. Upon filing of the process fee, issue summons to the defendants no.1 to 18, through all permissible modes, including e-mail.
14. Summons shall state that the written statement(s) be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the plaintiffs' documents, without which, the written statement shall not be taken on record.
15. Liberty is given to the plaintiffs to file replication(s) within thirty days from the date of receipt of the written statement(s). Further, along with the replication(s), if any, filed by the plaintiffs, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiffs, without which, the replication(s) shall not be taken on record.
16. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, CS(COMM) 332/2025 Page 2 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14 its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
17. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
18. List before the Joint Registrar for marking of exhibits on 21st July, 2025.
19. List before the Court 22nd September, 2025.
I.A. 9311/2025 (O-XXXIX Rules 1 and 2 of CPC)
20. The present suit has been filed seeking reliefs of permanent injunction restraining the defendant no.1 from infringing the trademark and copyright of the plaintiff, passing off their services as that of the plaintiff, along with other ancillary reliefs.
CASE SETUP IN THE PLAINT
21. The plaintiff is an e-commerce marketplace popularly known under its brand 'MEESHO', which commenced its operations in the year 2016.
22. As of date, the plaintiff has successfully enabled more than 15 million individual entrepreneurs to start their own online businesses. Till date, the plaintiff has delivered orders from more than 100,000 registered suppliers to over 27,000 pin codes in more than 5,000 cities and towns. The plaintiff has garnered more than Rs.500 crores in income for individual entrepreneurs and customers in more than 4,500 cities in India.
23. The plaintiff's 'MEESHO' platform is also available to its users through mobile applications, which can be downloaded from the Google Play Store and the Apple App Store. The plaintiff's 'MEESHO' app has over 50 crore downloads on the Google Play Store with a 4.5-star rating from 48.7 lakh reviews, while on the Apple App Store, it holds a 4.6-star rating from CS(COMM) 332/2025 Page 3 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14 6,400 reviews.
24. It is averred that the plaintiff is connected with the general public as well as its present and potential customers by having a prominent presence on all major social media platforms, where it promotes its business and services. These platforms have a significant number of followers of plaintiff's 'MEESHO' brand and information thereof has been provided in paragraph 14 of the plaint.
25. The plaintiff is the registered proprietor of the word 'MEESHO' and its formative marks, which are valid and subsisting. The details of registration obtained by the plaintiff in India are given in paragraph 17 of the plaint, and the same are set out below: -
S. Registration Date of application/
Trademark Class
No. No. registration
1. 3719928 05th January, 2018 35
2. MEESHO 4066599 24th January, 2019 9
(word)
3. MEESHO 4066600 24th January, 2019 35
(word)
4. MEESHO 4066601 24th January 2019 42
(word)
5. 4066602 24th January, 2019 9
CS(COMM) 332/2025 Page 4 of 13
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14
6. 4066603 24th January, 2019 42
7. 4066604 24th January, 2019 9
8. 4066605 24th January, 2019 35
9. 4066606 24th January, 2019 42
10. 4066607 24th January, 2019 9
11. 4066608 24th January, 2019 35
12. 4066609 24th January, 2019 42
13. 4066610 24th January, 2019 9
14. 4066611 24th January, 2019 35
15. 4066612 24th January, 2019 42 CS(COMM) 332/2025 Page 5 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14
16. www.meesho.c 4066613 24th January, 2019 9 om
17. www.meesho.c 4066614 24th January, 2019 35 om
18. www.meesho.c 4066615 24th January, 2019 42 om
26. The plaintiff is also the owner and operator of the domain names 'meesho.com' (registered since 17th October 2015) and 'meesho.io' (registered since 9th May 2018). Both domains are active, with www.meesho.com facilitating the plaintiff's e-commerce services, while www.meesho.io serves as an informational website about the plaintiff company.
27. In the year 2022, the plaintiff launched a business vertical under the trademark/ name 'VALMO', which is a SaaS-based facilitator of logistics services amongst sellers and logistics service providers. It is stated that the plaintiff's innovative business model under the brand 'VALMO' aims to streamline the logistics process offering a smooth and efficient delivery experience, all while delivering excellent value by offering the lowest cost. It is further stated that the plaintiff's 'VALMO' business helps with seamless collaboration among sellers and customers; pickup and delivery executives; first and last-mile hub operations; local and regional logistics partners; and warehouse handlers and operators.
28. The plaintiff is also the registered proprietor of the word mark CS(COMM) 332/2025 Page 6 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14 'VALMO', under application No. 5925960 in Classes 9, 35, 39 and 42. The said trademark stands registered in favour of the plaintiff since 6th May 2023, and is currently subsisting in the Register of Trade Marks.
29. The plaintiff is also the owner and operator of the domain 'valmo.in', which has been registered in the plaintiff's favour since 14th June 2023. The said domain resolves to an active website www.valmo.in which contains information about the plaintiff's logistics services under its 'VALMO' trademarks. In addition to the above registration, the plaintiff also uses the logos (the 'V' logo), and in connection with its services, which are pending registration before the Trade Marks Registry.
30. The plaintiff has further claimed that owns the copyright over the artistic rendition of its V logo ' ' as also the logos ' ', , .
31. Defendant no.1 (John Doe) along with other unknown persons are involved in duping general members of the public by misusing the plaintiff's marks and copyright by impersonating the plaintiff's employees and representatives. It is averred that the defendant no. 1 is operating its fraudulent activities through various rogue websites (along-with the associated email addresses), phone numbers, UPI IDs, bank accounts and social media profiles/ pages/ posts on Facebook and Instagram.
32. In August 2024, the plaintiff received multiple complaints regarding CS(COMM) 332/2025 Page 7 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:14 fraudulent activities associated with the website www.valmo.org.in, wherein defendant no.1 was unlawfully utilizing the said infringing domain to approach small-scale business owners under the false pretence of being affiliated with the plaintiff's 'VALMO' business. By misrepresenting an association with the plaintiff, defendant no.1 fraudulently induced such business owners into entering a partnership, and extorting huge sums of money before ultimately deceiving them.
33. Upon being informed of the above website, the plaintiff engaged a third-party cybersecurity vendor, and through them, reached out to defendant no. 2, GoDaddy.com LCC via email dated 19th August 2024, requesting them to immediately suspend the domain 'valmo.org.in'. Since no response was received from defendant no. 2, the cybersecurity vendor sent a reminder on 29th August 2024, reiterating the previous request and additionally seeking the suspension/blocking of email addresses associated with the said domain. Despite multiple reminders, the defendant no. 2 failed to take any remedial action.
34. As the plaintiff continued to receive fraud-related complaints concerning the website www.valmo.org.in, it also became aware of additional infringing domains, namely www.valmofranchise.in, www.valmologisticpartners.in, and www.valmologisticpartner.in. Consequently, the plaintiff, through its counsel, issued a legal notice dated February 6, 2025, to the defendant no.2, highlighting the previous communications and the emergence of additional fraudulent websites operated by the defendant no.1 for phishing activities. In the said notice, the plaintiff once again called upon the defendant no. 2 to suspend/deactivate all email functionalities associated with the infringing domains and to transfer CS(COMM) 332/2025 Page 8 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15 the domain names to the plaintiff. Additionally, the plaintiff sought disclosure of the registrant information of the infringing domains. However, the defendant no. 2 did not respond to the said notice.
35. Subsequently, the plaintiff received further fraud-related complaints concerning its registered trademarks 'VALMO' and 'MEESHO', which are detailed in paragraph 27 of the plaint. Upon conducting further investigations, the plaintiff discovered additional websites/domains actively operating under the same fraudulent scheme as the previously identified infringing websites. A list of these domains is furnished under paragraph 28 of the plaint.
36. It is averred that the plaintiff also came across several profiles on the social media platforms, Facebook and Instagram, where the defendant is using the plaintiff's 'VALMO' trademarks, and is also uploading sponsored posts (advertisements), calling upon third parties to apply for the 'VALMO' franchisee through them. The plaintiff claims to have submitted several take- down requests with the defendant no.18 (Meta Platforms, Inc.) leading to take down of some of the posts and profiles/ pages of the defendant no.18. However, the defendant no.1 continued to create fresh posts and profiles/ pages.
37. A perusal of the plaint and documents would show that the defendant no.1 has been constantly infringing the trademarks and copyrights of the plaintiff with the sole motive to defraud innocent customers.
38. In view of the above, a prima facie case is made out on behalf of the plaintiff. Balance of convenience is in favour of the plaintiff and against the defendant no.1. Irreparable injury would be caused to the plaintiff if the defendant no.1 continues to use the impugned marks and copyright. Prejudice would also be caused to the public as the defendant no.1/ John Doe is CS(COMM) 332/2025 Page 9 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15 defrauding innocent persons by claiming to provide franchisee opportunities under the plaintiff's 'VALMO' and 'MEESHO' trademarks.
39. Accordingly, till the next date of hearing, the following directions are issued:
a. Defendant no.1, its employees, servants, agents, representatives and/or others acting for and on their behalf, are restrained from infringing the plaintiff's registered 'VALMO' and 'MEESHO' trademarks and/or any other deceptively similar variant/s thereof, in any manner including domain names, websites, UPI IDs, social media handles/ names, hashtags, email addresses, bank accounts or any business papers, etc. or in any other manner;
b. Defendant no.1, its employees, servants, agents, representatives and/or others acting for and, on their behalf, are restrained from using the plaintiff's copyright in its original artistic material in the logos V logo as also the logos ' ', , , by reproducing, publishing the same in any manner;
c. Defendants no.2 to 6 (the Domain Name Registrars) are directed to take the following steps -
i. Suspend and lock the domain names mentioned in paragraph 22 of the I.A. No. 9311/2025, ii. Furnish all the available information, including but not limited to the full name, address, account details and email addresses of the CS(COMM) 332/2025 Page 10 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15 Registrants of their respective domains mentioned in the paragraph 22 of the I.A. No. 9311/2025.
d. Defendants no.7 to 13 (Banks) are directed to take the following steps:-
i. Suspend the UPI IDs and the bank accounts associated with these UPI IDs, as mentioned in the paragraph 24 of the I.A. No. 9311/2025;
ii. Freeze the bank accounts and the UPI IDs (along with the bank accounts associated with such UPI IDs) mentioned in paragraph 24 of the I.A. No. 9311/2025. iii. File under an affidavit the KYC details of the owner and/or beneficiary of the UPI IDs and bank accounts mentioned in paragraph 24 of the I.A. No. 9311/2025.
e. Defendant no.14 (National Payment Corporation of India) is directed to take the following steps:-
i. Disclose all available information pertaining to the bank accounts associated with the UPI IDs mentioned in paragraph 24 of the I.A. No. 9311/2025;
ii. Suspend or block the UPI IDs mentioned in paragraph 24 of I.A. No. 9311/2025.
f. Defendants No. 15 to 17 (Telecom Service Providers) are directed to take the following steps -
i. Temporarily block the phone numbers mentioned in paragraph 26 of the I.A. No. 9311/2025;CS(COMM) 332/2025 Page 11 of 13
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15 ii. File under an affidavit, the complete KYC documents of the registrants/ owners of the phone numbers mentioned in paragraph 26 of the I.A. No. 9311/2025. g. Defendant no.18 (Meta Platforms, Inc.) is directed to block/ remove/ delete all posts, Ads, profiles, and pages annexed as Document A with the plaint. Defendant no.10 is also directed to block/ remove/ delete any other post, Ad, profile and/ or page as may be notified to the said Defendant by the plaintiff (along with the supporting proof), as hosted on its social media platforms Facebook and Instagram;
h. Defendants no.19 (Department of Telecommunications) and 20 (Ministry of Electronics and Information Technology) are directed to issue necessary notifications/directions to all telecom and internet service providers to suspend access to all the websites as identified in paragraph 22 and phone numbers identified in paragraph 24 of the I.A. No. 9311/2025.
40. Defendants are directed to comply with the above directions within a period of 10 days.
41. Issue notice.
42. Notice is accepted by Mr. Gaurav Barathi, counsel for the defendants no. 19 and 20.
43. Issue notice to the remaining defendants by all permissible modes including e-mail.
44. Reply be filed within a period of four (4) weeks.
45. Rejoinder thereto, if any, be filed within two (2) weeks thereafter.
46. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, CS(COMM) 332/2025 Page 12 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15 1908 ('CPC') shall be done within a period of one (1) week from today.
47. List before Joint Registrar on 21st July, 2025 for completion of service and pleadings.
48. List before Court on 22nd September, 2025.
AMIT BANSAL, J APRIL 9, 2025/at CS(COMM) 332/2025 Page 13 of 13 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/04/2025 at 01:55:15