Godrej Properties Ltd vs Ashok Kumar & Anr on 1 June, 2021

[Cites 1, Cited by 0]

Delhi High Court - Orders

Godrej Properties Ltd vs Ashok Kumar & Anr on 1 June, 2021

Bench: Jayant Nath

                          $~OS-11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS (COMM) 154/2021 & I.As. 6989-6992/2021
                               GODREJ PROPERTIES LTD                       ... Plaintiff
                                              Through     Mr.Pravin    Anand,      Mr.Shrawan
                                                          Chopra, Mr.Vibhav Mithal and
                                                          Mr.Satyendra Mani Tripathi, Advs.
                                              versus
                               ASHOK KUMAR & ANR.                          ... Defendants
                                              Through     Mr.Alipak Banerjee, Adv. for
                                                          Defendant No.2.

                                CORAM:
                                HON'BLE MR. JUSTICE JAYANT NATH
                                            ORDER

% 01.06.2021 This hearing is conducted through video conferencing.

I.A.6991/2021 (exemption) Allowed subject to just exceptions.

I.A. 6992/2021(exemption) Allowed subject to just exceptions.

I.A. 6990 /2021

This is an application under Order 1 Rule 10 CPC read with Order 6 Rule 17 CPC seeking to add 'Godaddy.comLLC' as proforma defendant No.2 in the present suit in place of the earlier defendant No.2.

Learned counsel for the defendant No.2 has no objection to the same. Application is allowed accordingly. Amended plaint be taken on record.

Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:03.06.2021 10:24:52 I.A. 6989/2021

1. This is an application filed under Order 39 Rules 1 and 2 CPC seeking the following reliefs:

(i) An order directing Registrar i.e. Proforma Defendant No. 2, GoDaddy.com LLC, to immediately suspend and block the following domain names/ websites:

                          S.No. Domain Name                                          Registrar
                          1.    http://www.godrejnewlaunches.in/mumbai/godrej-       GoDaddy.com,
                                ambernath/                                           LLC
                          2.    http://www.godrejnewlaunches.in/mumbai/godr          GoDaddy.com,
                                ej-bhandup-west/                                     LLC
                          3.    https://www.godrejcentralphase3.com/                 GoDaddy.com,
                                                                                     LLC
                          4.     http://godrejsummitgurgaon.net/godrej-central/      GoDaddy.com,
                                                                                     LLC
                          5.     http://www.godrejrealty.com/                        GoDaddy.com,
                                                                                     LLC
                          6.     https://godrejhomes.co.in/-mumbai-                  GoDaddy.com,
                                 s/godrejcentralchembur/?                            LLC
                                 gclid=CjwKCAjwgdX4BRB_EiwAg

8O8HesIeYgaAwjWIdj5wI5M9e8EBE5HNcNo XbrAAVubB8odpc3O3DlWqxoCdqQQAvD_B wE

7. http://godrejgroups.com/godrej-city-mumbai/ GoDaddy.com, LLC

8. http://www.godrejnewlaunches.in/mumbai/godr GoDaddy.com, ej-chandivali/ LLC

9. http://godrejgroups.com/godrej-emeraldmumbai/ GoDaddy.com, LLC

10. http://www.godrejnewlaunches.in/thane/godrejeme GoDaddy.com, rald/ LLC

11. http://godrejsemeralds.com/?utm_source=Google- GoDaddy.com, Ads&utm_medium=Loanz- LLC CPC&utm_campaign=Godrej-Emerald-

Thane&utm_term=Godrej-

Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:03.06.2021 10:24:52

Emerald&utm_content=Responsive&Keyword= %2Bgodrej%20%2Bemerald&Device=c&gclid=Cj wKCAjwxev3BRBBEiwAiB_PWPjAJ1Rbxe mghjvg2t26jAk0v0ow_hRLTPlIExr5P8NUOWkN zM6tRoC62wQAvD_BwE

12. http://www.godrejprojects.in/godrej-emeraldvista- GoDaddy.com, thane.html LLC

13. http://godrejproject.ind.in/emerald.html GoDaddy.com, LLC

14. http://godrej-exquisite.co/ GoDaddy.com, LLC

15. https://exquisite.godrej-properties.com/ GoDaddy.com, LLC

2. This application is filed pursuant to the interim orders passed by this court on 26.03.2021 where this court had directed as follows:

"5. The plaintiff has made out a prima facie case. An injunction order is passed in favour of the plaintiff and against the defendants in terms of prayer para 19(a) of this application.

6. At this stage, learned counsel appearing for defendant No.2 states that the concerned entity is GoDaddy LLP not GoDaddy India Web Services Pvt. Ltd. but GoDaddy LLP shall abide by the same."

3. It is pleaded in this application that even after the grant of interim order it has come to the notice of the plaintiff that defendant No.1 is continuing with its impugned activities in violation of this court's order and continues to violate plaintiff's intellectual property rights as stated in the application.

4. It is stated that the above noted domain names of the defendant No.1 deceive or misled several unwary members of the public. Hence it is pleaded that interim orders be extended to the above noted sites.

Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:03.06.2021 10:24:52

5. It is ordered accordingly. The interim order of this court dated 26.03.2021 shall also apply to the sites / domain name stated in the prayer clause which are noted above.

6. Performa defendant No.2 may also suspend and block the said domain names / websites.

7. Issue notice through e-mail, returnable for 03.08.2021.

JAYANT NATH, J.

JUNE 1, 2021/st Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:03.06.2021 10:24:52

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders