Delhi High Court - Orders
Montblanc Simplo Gmbh vs Montblancindia.Com & Ors on 31 May, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~11(OS)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 732/2019 & I.As.9234/2020, 4596/2025 & 4597/2025
MONTBLANC SIMPLO GMBH ..... Plaintiff
Through: Mr. Saif Khan Mr. Achuthan
Sreekumar, Mr. Prajjwal Kushwah
Ms. Imon Roy Mr. Achyut Tiwari Ms.
Kanupriya Chawla, Mr. Swastik
Bisarya Mr. Rohil Bansal Mr. Shivang
Sharma, Advs.
Mr. Manish Biala and Mr. Devesh
Ratan, Advs. (M: 9810333571)
versus
MONTBLANCINDIA.COM & ORS. ..... Defendants
Through: Mr. Rajiv Ranjan Dwivedi, Mr.
Vishal, Mr. Kumar Amartya
Advocates for D-23 (M.8447704226)
Mr. Yajur Bhalla, Mr. Deepak Samota
and Mr. Sumer Ahuja, Advocates for
D-1, 2, 4 to 10 & 20. (M:9711009378)
Ms. Asiya Khan, Adv. for D-25 (M:
9971644936).
Mr. Akshay Goel, Mr. Shivam Narang
& Mr. Lalit Kashyap, Advocates
Mr. Alipak Banerjee, Ms. Shweta
Sahu, Mr. Parva Khare, Mr. Brijesh
Ujjainwal Advocates for D-18.
Ms. Shagun Shahi Chugh, Ms. Shreya
Mittal & Ms. Nandita Mishra, Advs.
Mr. Vijay Kumar, Adv. for R-12
Mr. Varun Chugh, SPC with and Ms.
Shreya Mittal & Ms. Nandita Mishra,
Advs.
Ms. Rashmi and Mr .Ashish Mahajan,
Advs. for D-12.
CORAM:
JUSTICE PRATHIBA M. SINGH
CS (COMM) 732/2019 Page 1 of 8
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ORDER
% 31.05.2025
1. This hearing has been done through hybrid mode. I.As. 4596/2025 (u/O I Rule 10) & 4597/2025 (for stay)
2. An application - I.A. 4596/2025 has been filed under Order I Rule 10 of the Code of Civil Procedure, 1908 seeking impleadment of one (i) Mr. Sharafat Ali (ii) Mr. Hardeep Harnal (iii) Mr. Gaurav Bhatia and (iv) M/s. Cnobin Information Technology Limited (hereinafter "Cnobin").
3. An application - I.A. 4597/2025 has been filed under Order XXXIX Rule 1 & 2 read with Section 151 of CPC, inter alia, seeking ex-parte ad interim injunction against the Defendants, including the proposed defendants, in respect of domain - 'https://www.mont-blancindia.com'.
4. The case of the Plaintiff is that a fresh domain name has surfaced online, that is engaged in fraudulently impersonating as the Plaintiff and its representatives/employees for the purpose of defrauding the public.
5. It is submitted by Mr. Manish Biala, ld. Counsel that three persons namely, (i) Mr. Sharafat Ali (ii) Mr. Hardeep Harnal & (iii) Mr. Gaurav Bhatia, are found to be involved in the sale of fake Montblanc products through the domain - 'https://www.mont-blancindia.com'. The said domain name is stated to be registered by CNOBIN. Hence, impleadment is sought of the said parties.
6. It is noted that considering the fraudulent activities carried out by the Defendants, the Plaintiff had filed several applications seeking injunction against the same. By virtue of the previous orders, this Court has already recognised the Plaintiff's rights in its marks, and injuncted the Defendants from carrying on such activities, which led to defrauding innocent consumers.
CS (COMM) 732/2019 Page 2 of 8This 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 28/06/2025 at 01:05:10
7. For instance, this Court vide order dated 24th December 2019, injuncted the Defendants from using the Plaintiff's marks/trade devices and also directed the concerned Domain Name Registrar to suspend/block the infringing domain name. The said order passed in I.A. No. 18453/2019 reads as follows:
"21. Till further orders,
(i) the defendants no. 1 to 10 are restrained from
a) dealing in any manner whatsoever with any goods or services under the marks MONTBLANC or MEISTERSTUCK or STAR DEVICE or or / under any other mark similar or deceptively similar thereto;
(b) using the domain name www.montblancindia.com or any other domain name or corporate name either in isolation or containing any word similar or deceptively similar to the mark/s aforesaid of the plaintiff;
(ii) the defendants no. 11 to 13 namely KARUR VYSYA BANK LIMITED; INDUSIND BANK; and, ICICI LIMITED are directed to forthwith stop all transactions in accounts bearing nos.4104115000012344 (IFSC KVBL0004104), 201002552973 (IFSC INDB0000014) and 036905002580 (IFSC ICIC0000369) respectively with them;
(iii) the defendant no. 14 PRIVACY PROTECT LLC is directed to block the domain name www.montblancindia.com;CS (COMM) 732/2019 Page 3 of 8
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 28/06/2025 at 01:05:10
(iv) the defendants no. 15 and 16 namely RAZORPAY TECHNOLOGIES PVT. LTD. and PAYTM FINANCIAL SERVICES LIMITED are restrained from allowing any transaction in PAYTM Accounts of numbers 7652863442 and 9170049363."
8. Similar orders have been passed in the present suit from time to time. Considering the fact that the domain name contains the complete trademark of the Plaintiff, which is a registered trademark, as also the previous orders in the present suit, the interim injunction passed vide order dated 24th December, 2019 shall stand extended to 'https://www.mont-blancindia.com'.
9. Cnobin is accordingly directed to lock and suspend the said domain name - 'https://www.mont-blancindia.com' and maintain status quo in locked status.
10. Let the details of the Registrant be provided by the Cnobin within two weeks.
11. The ownership of the said domain name also shall not be changed until further orders of this Court.
12. Further, in view of the averments made in I.A. 4596/2025, (i) Mr. Sharafat Ali (ii) Mr. Hardeep Harnal (iii) Mr. Gaurav Bhatia and (iv) Cnobin are impleaded as Defendants No. 26,27,28, and 29, respectively.
13. Issue notice in I.A. 4597/2025
14. Service is permitted through all means, including e-mail. Compliance of Order XXXIX Rule 3 CPC by email, within three weeks.
15. Reply to the application shall be filed within four weeks after service of the complete paper book of the suit upon the Defendants.
CS (COMM) 732/2019 Page 4 of 8This 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 28/06/2025 at 01:05:10
16. Let amended memo of parties be filed within a period of three weeks.
17. Issue summons in the suit to the newly injuncted entities through all modes upon filing of process fee.
18. I.A. 4596/2025 is disposed of.
19. List before the Court on 7th August, 2025.
I.A. 3865/2020 & I.A. 9234/2020,
20. On 7th February, 2025, the Court had directed the parties to submit the following:
"22. Ld. Counsel for the Plaintiffs shall place one comprehensive compilation on record giving the following details:
(i) a list of all the domain names in each of the suits against which injunctions are being sought;
(ii) a table reflecting as to who are the Registrars and the Registries of the respective domain names against which injunctions have been sought in each suit."
23. In addition, the Plaintiffs shall also place on record, the list of all the pending I.A.s in each of the suits with the reliefs sought in the said applications.
24. The Plaintiffs have collectively suggested ld. Counsels Mr. Prajjwal Kushwaha (Mob. 7791065506) and Mr. Achyut Tewari (Mob. 8604633867) to act as nodal counsels for placing on record the above compilation along with the list of pending IAs."
21. On the last date i.e., 27th May, 2025, the ld. Nodal Counsels had placed on record the said charts. Ld. Counsels for the parties were directed to peruse the same and inform the Court of any changes/modifications/amendments etc. required in the charts.
CS (COMM) 732/2019 Page 5 of 8This 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 28/06/2025 at 01:05:10
22. Today, the updated chart has been handed over by the ld. Nodal Counsels and the Court has perused the same.
23. In the present case, till date, there are 9 infringing domain names which have been identified.
24. Ld. Counsel for the Plaintiff does not press for damages. However, ld. Counsel for the Plaintiff submits that the order as passed on 20th October, 2023, in CS(Comm) 193/2019 titled Colgate Palmolove Company & Anr. vs. NIXI & Anr., deserves to be passed even in this matter. The operative portion of the said order reads as under:
"5. It is submitted by ld. counsel for the Plaintiff that previously various orders have been passed by the Court wherein the Court has injuncted such domain names as also the DNRs from transferring such domain names to any person in the future. He relies upon order dated 9th October, 2023 passed in Sony Interactive Entertainment Inc. v. Vikash Kumar [CS(COMM). 922/2022] wherein the Court held as under:
"13. At present, as Defendant 9 is the only DNR before this Court, Defendant 9 shall ensure that it does not allow registration, in favour of any person, for the domain name sonyplaystationstores.com. Mr. Raja expresses a doubt as to whether such an order could be passed citing, in that regard, my earlier decision in Snapdeal Private Ltd. v Godaddycom LLC. There is a clear distinction between that case and this. In that case, the order that was sought was a blanket injunction against any domain name having the string "snapdeal"
having been registered. I had stated - and continue to hold that view - that such an injunction could not be granted, as the court could not, in advance, presume that every domain name which included "snapdeal" as a part would necessarily be CS (COMM) 732/2019 Page 6 of 8 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 28/06/2025 at 01:05:10 infringing. Such a direction could only be passed in respect of domain names which are actually before the Court. 14. In the present case, the said situation does not arise, as the domain name in question is sonyplaystationstores.com which this Court has already held, in its order dated 23 December 2022 to be prima facie infringing in nature. 15. At this juncture, Mr. Khan points out that Defendant 8-Big Rock is also a domain name registrar (DNR) who is impleaded in the present proceedings. 16.
Accordingly, this order shall also extend to Defendant 8."
6. Accordingly, there shall be an injunction against the use of the domain name www.colgateindia.in. NIXI is also directed to ensure and give instructions that the following domain names are not permitted to be offered for sale to any third party except the Plaintiff in the future. Insofar as GoDaddy is concerned, it shall lock and suspend as also not offer to any third party the following domain names:
i) www.colgatepalmoliveindia.in;
ii) www.colpal.in;
iii) www.colgateindia.com;
iv) www.hrcolgatepalmolive.com;
v) www.colgateindia.in."
25. Mr. Wadhwa, ld. Senior Counsel appearing for GoDaddy.com LLC., opposes any injunction qua re-registration of the same infringing domain names. It is his submission that only the use of a particular domain name makes it infringing and therefore, domain names falling in common pool cannot be restrained from re-registration by this Court.
26. It is also submitted by the ld. Sr. Counsel that the order dated 20th October, 2023 has been challenged in appeal by GoDaddy.com LLC, and the said appeal being FAO(OS)(Comm) 14/2024 titled Godaddy.Com LLC v.
CS (COMM) 732/2019 Page 7 of 8This 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 28/06/2025 at 01:05:10 Colgate Palmolive Company And Ors is still pending is still pending.
27. Arguments heard. Judgment reserved.
28. Interim orders, if any operating, to continue.
PRATHIBA M. SINGH JUDGE MAY 31st 2025 Kk/msh CS (COMM) 732/2019 Page 8 of 8 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 28/06/2025 at 01:05:10