Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Montblanc Simplo Gmbh vs Montblancindia.Com & Ors on 12 October, 2020

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

                          $~10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CS (COMM) 732/2019 & I.A. No. 9234/2020
                                 MONTBLANC SIMPLO GMBH                                        .....Plaintiff
                                               Through     Mr. Manish Biala, Adv.

                                              versus
                                 MONTBLANCINDIA.COM & ORS.                    .....Defendants
                                              Through    Mr. Yajur Bhalla, Adv. for D-2, 4 to
                                                         10.
                                                         Mr. Vakul Sharma, Adv. for D-18
                                                         /GoDaddy.com LLC.
                                 CORAM:
                                 HON'BLE MR. JUSTICE RAJIV SHAKDHER
                                              ORDER

% 12.10.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 9234/2020

1. Mr. Manish Biala, who appears for plaintiff, says that despite several orders of this Court, the illegal activities involving sale of counterfeit and fake products continue to be carried out.

1.1 It is pointed by Mr. Biala that the defendants have now taken recourse to launching 4 new websites; the reference to which has been given in paragraph 5 of the captioned application.

2. The record shows that, in the past, injunction orders have been passed by this Court against defendant no. 1 to 10. This aspect of the matter is adverted to in the orders dated 24.02.2019, 13.05.2020 and 23.06.2020. 2.1 Similar orders were passed on 24.07.2020 when other unknown persons had attempted to carry on the counterfeit activities.

3. Accordingly, issue notice in the application to the defendants via all means including e-mail.

3.1 Mr. Yajur Bhalla, who appears on behalf of defendant no. 2 and 4 to 10, accepts service on behalf of the said defendants. Likewise, Mr. Vakul Sharma accepts service on behalf of defendant no. 18/GoDaddy.com LLC. 3.2 Reply(ies) will be filed within three weeks from today. Rejoinder(s) thereto, if any, will be filed before the next date of hearing.

4. In the meanwhile, defendant no. 18 will block/suspend the following websites:

 www.vertumobileindia.com  www.vertumobileonline.com  www.vertuindia.in 4.1 Insofar as the website referred to as www.vertuonline.com is concerned, the concerned domain name Registrar i.e. Alibaba Cloud Computing (Beijing) Co., Ltd. will block/suspend the same within 24 hours of the copy of the order passed today being served upon it.

5. At this stage, it is pointed out by Mr. Sharma that in paragraph 5 (ii) & (iii) of the order dated 24.07.2020, a typographical error has crept in concerning the spelling of the domain name. It is stated that the correct domain name is www.vertuindia.co.in.

5.1 Mr. Biala affirms this position. As a matter of fact, he draws my attention to paragraph 4.2 of the said order [i.e. order dated 24.07.2020] where the domain name, with the corrected spelling, is adverted to.

6. Accordingly, the typographical errors contained in paragraph 5 (ii) and (iii) of the order dated 24.07.2020 shall stand corrected.

6.1 The concerned domain name shall now read as "www.vertuindia.co.in" instead of "www.virtuindia.co.in".

7. List the application on 01.12.2020.

RAJIV SHAKDHER, J OCTOBER 12, 2020 rb/KK Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:13.10.2020 23:04:52