Delhi High Court - Orders
Peak Xv Partners Advisors India Llp & Anr vs John Doe & Ors on 5 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 71/2024 & I.A. 2404/2024
PEAK XV PARTNERS ADVISORS INDIA LLP & ANR.
..... Plaintiffs
Through: Appearance not given.
versus
JOHN DOE & ORS. ..... Defendants
Through: Mr. Piyush Beriwal, SPC with Mr.
Nikhil Chaubey, Advocate and Mr.
Vedansh Anand, G.P. for D-5 & 6.
Mr. Neel Mason, Mr. Vihan Dang,
Ms. Pragya Jain and Mr. Aditya
Mathur, Advocates for D-8.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.02.2024 I.A. 2404/2024 (for modification, u/Section 152 of the Code of Civil Procedure, 1908)
1. The instant application points out that there has been an inadvertent typographical error in recording the URL of Defendant No. 1 at Paragraphs No. 21.6 and 26.2 of order dated 24th January, 2024.
2. For the reasons stated in the application, the same is allowed and the application is disposed of with the direction that Paragraphs No. 21.6 and 26.2 of order dated 24th January, 2024 shall now read as under:
"21.6 In December, 2023, Plaintiff No. 1 learnt of the website https://pakxv.joyppp.com/ and mobile application "PAK XV" which are intended to offer investment options and services by Defendant No. 1.
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 06/02/2024 at 01:13:27 Given the similarity in the domain names and mobile applications of Plaintiff No. 1 and Defendant No. 1, Plaintiff No. 1's representative undertook internet search to gauge the nature of activities conducted on Defendant No. 1's website and mobile application. The representative found that Defendant No. 1 was offering various investment options such as Initial Public Offerings ["IPOs"], Venture Capital Services ["VCS"] and Value-averaging Investment Plans ["VIPs"] under the name and style of ' ' which are nearly identical to Plaintiffs' "PEAK XV"
trademarks. In fact, in the sections providing an introduction/ background to impugned website and mobile application, one of the Plaintiffs' videos titled 'Peak XV We Believe', which is a video about the Plaintiffs' vision and objectives and is uploaded on their website, has been unauthorizedly reproduced by Defendant No. 1 with a view to misrepresent an association with the Plaintiffs. Similarly, the 'About Us' section of the Plaintiffs' website has also been imitated by Defendant No. 1. In an investment option called 'Pakxv-VCS: 102', Defendant No. 1 claims that a prospective investor would earn an income of Rs. 19,900/- upon investing of Rs. 1000/- with a daily income of Rs. 420/- for a period of 45 days. The users can make payments for said investments through various modes, including Google Pay and PayTM. The UPI IDs associated with Defendant No. 1's Google Pay and PayTM accounts are mentioned in Document-C annexed with the plaint and are registered with Defendant No. 7-bank.
...xxx... ...xxx... ...xxx...
26.2 Defendant No. 2, Alibaba Cloud Computing (Beijing) Co. Ltd., is directed to suspend/ block access to the impugned website https://pakxv.joyppp.com/ during the pendency of the suit. They shall also maintain status quo as to the ownership of the aforesaid website/ domain name. Further, Defendant No. 2 is directed to file with the Court the complete details concerning the name, contact details, mode of payment, and IP address used by the registrants of the impugned website, in a sealed cover."
3. Disposed of.
SANJEEV NARULA, J FEBRUARY 5, 2024 as 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 06/02/2024 at 01:13:27