Delhi High Court - Orders
Krbl Limited vs John Doe & Ors on 20 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 416/2024
KRBL LIMITED ..... Plaintiff
Through: Mr. Anirudh Bakhru with Mr. Pankaj
Kumar, Ms. Shashi Aggarwal,
Advocates.
versus
JOHN DOE & ORS. ..... Defendants
Through: Mr. Neel Mason, Mr. Vihan Dang,
Mr. Ujjawal Bhargava and Mr. Aditya
Mathur, Advocates for Google LLC.
Ms. Anushka Sharda, Mr. Madhav
Khosla and Ms. Moha Paranjpe, Mr.
Hardik Malik, Advocates for D-3.
Mr. Mrinal Ojha, Mr. Debarshi Dutta,
Mr. Anand Raja and Ms. Nikita Rathi,
Advocates for D-6.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 20.05.2024 I.A. 29600/2024 (for exemption from serving notice to D-11 and D-12)
1. Upon filing of process fee, issue notice to Defendants No. 11 and 12, by all permissible modes, returnable on the next date of hearing.
2. Reply, if any, be filed within four weeks from the date of service. Rejoinder thereto, if any, be filed within two weeks thereafter.
3. Re-notify on 23rd October, 2024.
CS(COMM) 416/2024 Page 1 of 16This 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 23/05/2024 at 20:45:20 I.A. 29598/2024 (for exemption from filing clear/ legible copies, English translation of vernacular documents and documents with proper margins original documents)
4. Exemption is granted, subject to all just exceptions.
5. The Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
6. Disposed of.
I.A. 29597/2024 (seeking leave to file additional documents)
7. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
8. Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
9. The application stands disposed of.
I.A. 29599/2024 (for exemption from pre-institution mediation and settlement)
10. 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,1 exemption from attempting pre-institution mediation is granted.
11. Disposed of.
CS(COMM) 416/2024
12. Let the plaint be registered as a suit.
13. Issue summons. Summons are accepted by counsel for Defendants mentioned in the appearance above. Written statement(s) on behalf of the said Defendants be filed within 30 days from today. Upon filing of process 1 2023 SCC OnLine SC 1382.
CS(COMM) 416/2024 Page 2 of 16This 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 23/05/2024 at 20:45:20 fee, issue summons to the remaining Defendants, by all permissible modes. Summons shall state that the written statement(s) shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/ denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
14. Liberty is given to the Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/ denial of documents of the Defendants be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
15. List before the Joint Registrar for marking of exhibits on 22nd August, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court for framing of issues thereafter.
I.A. 29596/2024 (under Order XXXIX Rules 1 and 2 CPC)
17. The Plaintiff seeks an ad-interim ex-parte injunction against Defendant No. 1, unauthorized websites allegedly perpetrating financial fraud on the general public using the Plaintiff's registered trademark. Considering the nature of controversy involved and the peculiar facts and circumstances of the case, although there is no formal application, the Plaintiff is granted an exemption from effecting advance service on Defendant No. 1.
18. Mr. Anirudh Bakhru, counsel for Plaintiff, presents the Plaintiff's case CS(COMM) 416/2024 Page 3 of 16 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 23/05/2024 at 20:45:21 as follows:
18.1. The present suit is directed against the infringement and passing off of the Plaintiff's well-known trademark "INDIA GATE", its stylized variants and the associated label/ packaging/ trade dress along with the copyright vested therein.
18.2. The Plaintiff is amongst the leading global manufacturers and sellers of rice and allied products such as, quinoa, chia seeds, and flax seeds etc. under the trademark "INDIA GATE"/ " ." The wordmark "INDIA GATE," registered under No. 599833 in class 30, was first utilized in respect of the aforesaid goods by one Mr. Ram Pratap in the year 1979, and was subsequently assigned in favour of the Plaintiff through a Deed of Assignment dated 06th August, 2019. The Plaintiff has undertaken the necessary formalities to reflect the change in proprietorship of the mark in the records of the Trademarks Registry. The Trademarks Registry has also recognized the trademark "INDIA GATE" as a well-known mark as per the provisions of the Trademarks Act, 1999 and Trademarks Rules, 2017. 18.3. In the course of business, the Plaintiff (through its predecessors) adopted several formative variants of the "INDIA GATE" trademark as well CS(COMM) 416/2024 Page 4 of 16 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 23/05/2024 at 20:45:21 as stylized packaging, including " ,"
" ", " ," and
" ." In addition to the registration of the mark "INDIA
GATE" under No. 599833 in class 30, the Plaintiff has also filed multiple trademark applications for registration of the variants of the "INDIA GATE"
trademark, which are pending consideration before the Trademarks Registry. 18.4. The Plaintiff has also secured a copyright registration under Certificate No. A-75495/2006 for the artistic work " ." Besides CS(COMM) 416/2024 Page 5 of 16 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 23/05/2024 at 20:45:21 this registration, they also assert copyright over the artwork vested in the labels/ packaging of their products, as noted above, and the logo " " in terms of Section 14 of the Copyright Act, 1957.
18.5. The Plaintiff has extensively and continuously used the "INDIA GATE" trademarks for its commercial operations since 1979 in India. They also export their products to several other countries. On account of such open use and wide publicity through various media, the mark has garnered formidable reputation and goodwill in the market as well as among the consumers, leading to identification of the Plaintiff as the exclusive source of rice sold under the "INDIA GATE"/ " " trademark. The annual sales figures and advertisement expenses of the Plaintiff for the "INDIA GATE" mark have been delineated in paragraphs No. 17 and 18 of the plaint. The Plaintiff also maintains an active website "www.krblrice.com", where the "INDIA GATE" trademarks are prominently displayed.
18.6. In January 2024, the Plaintiff received multiple complaints from consumers bringing to their knowledge a fraudulent investment scheme being run by Defendant No. 1 using the Plaintiff's trademark "INDIA GATE." As per the complainants, Defendant No. 1 has been circulating a link - https://www.ergdf03-kows2.com/index/user/register/invite_code/95lfx.html to unwary purchasers on WhatsApp platform, asking them to register CS(COMM) 416/2024 Page 6 of 16 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 23/05/2024 at 20:45:21 themselves by depositing a small amount for beneficial returns. As per the information available on the WhoIs portal, the aforesaid link was created on 04th January, 2024 and expires on 04th January, 2025. However, the name of registrant is masked and is unavailable for public viewing. This link, when opened, leads to the following webpage:
18.7. Upon further enquiry, the Plaintiff discovered several videos posted on the YouTube platform on URLs specified in paragraph No. 39 of the plaint, which advertised a mobile application by the name of "India Gate Rice App."
18.8. When the user visits the afore-mentioned website, they are prompted to register themselves. Upon registration, they are directed to the following webpage:
CS(COMM) 416/2024 Page 7 of 16This 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 23/05/2024 at 20:45:21 18.9. Thus, the consumers are invited to download the India Gate Rice App and buy Defendant No. 1's product and also invite other people to the scheme to form a team and earn commission at the specified rates. The options offered range from Rs. 470/- to Rs. 1,98,880/- with daily income between Rs. 100 to Rs. 1,32,580/- in a cycle of 50 to 120 days. Defendant No. 1 also offers a recharge feature, allowing the users to store funds in their wallet for convenient purchases.
18.10. Plaintiff's investigation also revealed that Defendant No. 1 has formed a Telegram channel [https://t.me/Indianriceimprove life] to reach more consumers. Screenshot of the said profile is as follows:
The communications circulated on the above channel/ account widely promote the impugned scheme as well URLs of YouTube videos elaborating CS(COMM) 416/2024 Page 8 of 16 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 23/05/2024 at 20:45:21 thereon, as mentioned in paragraph No. 47 of the plaint. 18.11. The Plaintiff lodged a complaint with the Cyber Crime Cell, Noida, Uttar Pradesh on 18th January, 2024 against the impugned activities, detailed above. Thereafter, they received further e-mail communications from aggrieved consumers who had invested in the scheme and suffered grave financial losses.
18.12. In addition to the above, the Plaintiff also received consumer complaints informing them of the WhatsApp messages circulated by Defendant No. 1 offering distributorship of the Plaintiff's "INDIA GATE"
products through the websites "https://www.foodsindiagate.com/", "https://indiagaterice.store/", and "https://indiagatesrice.store/", which are fake websites displaying the Plaintiff's "INDIA GATE" trademarks and contain false information about the Plaintiff's registered office, customer support e-mail ID and phone numbers. One of the targeted individuals remitted a significant sum of money to Defendant No. 1 for securing a dealership. Pertinently, Defendant No. 1 shared the following fabricated agreement with the complainant:
CS(COMM) 416/2024 Page 9 of 16This 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 23/05/2024 at 20:45:21 18.13. Recently, the Plaintiff also learnt of a Facebook page by the name of "India Gate Foods" that promote the impugned schemes.
19. The Court has considered the afore-noted contentions. The screenshots of the impugned websites and mobile application reproduced hereinabove demonstrate the unauthorized use of Plaintiff's trademark "INDIA GATE" as well as the associated labels/ trade dress/ packaging by Defendant No. 1. On the basis of pleadings and documents on record, it appears that Defendant No. 1 is attempting to take aid of the Plaintiff's standing in the market to persuade consumers into investing money into their schemes. Unsuspecting consumers are being drawn to the impugned domain names on the promise of lucrative financial offers or distributorship arrangements from the Plaintiff. Prima facie, such use of the Plaintiff's well-
known mark "INDIA GATE" is detrimental to its distinctive character and CS(COMM) 416/2024 Page 10 of 16 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 23/05/2024 at 20:45:21 thus, constitutes infringement under Section 29(4) of the Trademarks Act. Further, by using the Plaintiff's logo and trade dress/ packaging/ label, Defendant No. 1 is attempting to pass off their goods and services as that of the Plaintiff's. The extensive imitation of the Plaintiff's label/ artworks also constitutes an infringement of their copyright.
20. In view of above, the Court is satisfied that the Plaintiff has established a prima facie case in their favour and irreparable harm would be caused to them if an ad-interim ex-parte injunction is not issued against Defendant No. 1. Balance of convenience also lies in favour of the Plaintiff, and against Defendant No. 1.
21. Accordingly, the following directions are issued:
21.1. Till the next date of hearing, Defendant No. 1, and all persons acting on its behalf, are restrained from using, displaying, disseminating, circulating the Plaintiff's trademark "INDIA GATE", " " and the labels/ trade dress/ packaging " ,"CS(COMM) 416/2024 Page 11 of 16
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 23/05/2024 at 20:45:21 " ", " ," and " " or any other trademark/ labels/ trade dress/ packaging identical with or deceptively similar to the Plaintiff's trademark/ labels/ trade dress/ packaging, either physically or in electronic form, that would amount to infringement or passing off of the Plaintiff's registered trademark "INDIA GATE" and labels noted above as well and their copyright. 21.2. Defendant No. 2 shall:
i. Block/ delete/ takedown the following YouTube links, mentioned in paragraph No. 3(b) of the application:CS(COMM) 416/2024 Page 12 of 16
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 23/05/2024 at 20:45:21 ii. Within a period of four weeks from today, file in a sealed cover, the Basic Subscriber Information of the afore-mentioned account holders, as are available with them.
21.3. Defendant No. 3 shall block/ delete/ takedown the link/ Telegram account "https://t.me/Indianriceimprove life." They shall, within a period of CS(COMM) 416/2024 Page 13 of 16 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 23/05/2024 at 20:45:21 four weeks from today, file in a sealed cover, the information concerning the afore-mentioned account holder, as is available with them. 21.4. Defendant No. 4 shall block/ delete/ takedown the link/ WhatsApp account "https://chat.whatsapp.com/Dc9zyvt2pWQ4IMX4kdlA." They shall, within a period of four weeks from today, file in a sealed cover, the Basic Subscriber Information concerning the afore-mentioned account holders, as are available with them.
21.5. Defendant No. 5 shall suspend/ block the domain name "https://www.ergdf03-kows2.com." They shall, within a period of four weeks from today, file in a sealed cover, all information concerning the registrant of the impugned domain name, including, name, contact details, postal address, e-mail address, bank account details, KYC documents, as is available with them.
21.6. Defendant No. 6 shall suspend/ block the domain names/ websites "https://www.foodsindiagate.com/", "https://indiagaterice.store/", and "https://indiagatesrice.store/." They shall, within a period of four weeks from today, file in a sealed cover, all information concerning the registrant of the impugned domain name, including, name, contact details, postal address, e- mail address, bank account details, KYC documents, as is available with them.
21.7. Defendant No. 7 shall file in a sealed cover, the KYC details of persons associated with the mobile numbers +91-9205052370, +91- 8981868080, +91-9910341411 and +91-8729895438, as is available with them. The same be filed within a period of four weeks from today. 21.8. Defendant No. 8 shall file in a sealed cover, the KYC details of the account holder [M/s Akeef Electronics] of the UPI ID 9103072007@sbi, as CS(COMM) 416/2024 Page 14 of 16 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 23/05/2024 at 20:45:21 is available with them. The same be filed within a period of four weeks from today.
21.9. Defendant No. 9 shall block/ delete/ takedown the Facebook Account 'India Gate Foods' registered with the e-mail ID [email protected]. They shall, within a period of four weeks from today, file in a sealed cover, the Basic Subscriber Information of the said account holder, as is available with them.
21.10. Defendant No. 10 shall file in a sealed cover, the KYC details of the account holder of account No. 60473009031, having IFSC code MAHB00000093, as is available with them. The same be filed within a period of four weeks from today.
21.11. Defendants No. 11 and 12 are directed to issue necessary directions to the telecom service providers and internet service providers to block access to the website hosted on the domain names "https://www.ergdf03- kows2.com," "https://www.foodsindiagate.com/", "https://indiagaterice.store/", and "https://indiagatesrice.store/."
21.12. In the event content identical to what has been injuncted through this order resurfaces on platforms of Defendants No. 2 to 6 and 9, the Plaintiff shall be at liberty to supply the concerned URLs to the said Defendants, who shall take appropriate action to block/ takedown the same in accordance with law. However, in case the concerned Defendant comes to the conclusion that the content of the URLs provided by the Plaintiff is not identical to what has been injuncted, they shall inform the Plaintiff of the same within a period of one week from the date of receipt of the request, whereafter Plaintiff shall be free to take recourse to appropriate measures available under law. 21.13. Copy of the documents filed by each of the Defendants in sealed CS(COMM) 416/2024 Page 15 of 16 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 23/05/2024 at 20:45:21 cover as per above directions, be also shared with the counsel for Plaintiff, which shall be strictly used by them for the purpose of investigation and identification of the perpetrators .
22. Issue notice. Counsel for Defendants mentioned in the appearance above, accept notice on behalf of their respective Defendants. Reply, if any, be filed within four weeks from today. Rejoinder thereto, if any, be filed within two weeks thereafter.
23. Upon filing of process fee, issue notice to the remaining Defendants, by all permissible modes, returnable on the next date of hearing. Reply, if any, be filed within four weeks from the date of service. Rejoinder thereto, if any, be filed within two weeks thereafter.
24. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be done within one week from today.
25. Re-notify on 23rd October, 2024.
SANJEEV NARULA, J MAY 20, 2024 nk CS(COMM) 416/2024 Page 16 of 16 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 23/05/2024 at 20:45:21