Delhi High Court - Orders
Colgate Palmolive Company & Anr vs Nixi & Anr on 20 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 193/2019 and I.A. 21285/2023
COLGATE PALMOLIVE COMPANY & ANR ..... Plaintiffs
Through: Mr. Saif Khan, Mr. Achuthan
Sreekumar, Mr. Rohil Bansal and Ms.
Apoorva Prasad R., Advocates (M:
9079965359).
versus
NIXI & ANR. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.10.2023
1. This hearing has been done through hybrid mode.
I.A. 21285/20232. This is yet another application filed by the Plaintiff- Colgate Palmolive Company seeking injunction against a new domain name which has recently surfaced, namely, www.colgateindia.in.
3. Mr. Saif Khan, ld. Counsel for the Plaintiff points out that there is striking similarity between the fake job offers which were earlier being offered by the registrants of similar domain names and the present operator of the domain name. Reliance is placed upon two letters which are extracted hereinbelow:-
CS(COMM) 193/2019 Page 1 of 9This 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 23/10/2023 at 21:32:44 ● Letter dated 07th August, 2019 Dear Candidate, We are glad to inform you that you have been selected on behalf on your resume for an HR interview in our company by our direct recruitment cell. We have short listed 48 fresh and experienced candidates for 35 vacancies in "Sales & Marketing Human Recourses. Financial strategy. Logistic and Operations Manufacturing & Production" in India and Abroad.CS(COMM) 193/2019 Page 2 of 9
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 23/10/2023 at 21:32:44 As your resume is found satisfactory, we are invited you for an interview at our company HR Office place and time of your venue are as follow: -
Date of Interview 17.**.2019
nd
Venue of Interview 2 floor Tower, 3A DLF
Corporate Park, near Guru Dronacharya Metro Station, M.G. Road, Gurgaon, 122002.
Time 10:30 AM You will have to come with the following documents for attending the interview:
● Hard copy of Invitation mail.
th th
● Mark sheet & Certificates of 10 & 12 mark
sheet & Degree Certificate of graduation and post
- graduation.
● Diploma holders could come along with the degree or diploma and other qualification certificates.
● Candidates those pursuing their diploma could come along for the interview. They could submit their degree or diploma after completion their course. (If selected).
● Passport (for those candidates who are willing to go abroad).
Candidates coming late will not be allowed Salary officered for these posts' varies between 39,700/- to 6,20,000/- (INR HRA+ DA) & other benefits.
Air/ Train tickets according to the location of the candidates & accommodation will also provide by the company One extra person is allowed with Female candidate. Tickets for the person accompanying will also provide by the company.CS(COMM) 193/2019 Page 3 of 9
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 23/10/2023 at 21:32:44 Note - Candidates have to deposit a refundable security amount Rs. 8,700/- by ***** Corporation Bank.
REASON FOR SECURITY DEPOSIT- Company is not taking any charge from any candidates its just for the surety that candidate will not skip their interview and company can provide the air ticket and other expenses for candidates.
Last date security deposit is 10.**.2019. Your call letter and air ticket will dispatch very shortly after receiving your confirmation of security deposited in the Bank.
Security amount will be refunded to all the candidates after the interview without any deduction.
Brief job description will be mentioned in the hall tickets. Air / Hal tickets will be mailed to the candidates soon after receiving confirmation mail of **** and details by respective candidates. Note:- Candidates are invited to their location, eligibility and our ***** Refundable security amount is just the security amount to ensure that if the company is providing you the tickets candidates should be present at the time of interview.
Hope that you will accept the job offer and looking forward to welcome you India and abroad for the interview."CS(COMM) 193/2019 Page 4 of 9
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 23/10/2023 at 21:32:44 ● Letter dated 16th October, 2023 "Dear Candidate, Dated :-16/10/2023 We are glad to inform you that you have been selected on behalf of your resume for an HR interview in our company by our direct recruitment cell. We have short listed "26" fresh and experience candidates for "20" vacancies in "Sales & Marketing, Mechanical Support, Human Recourses, Financial strategy. Legal, Logistic and Operations Manufacturing & Production, Research & Management" in India and Abroad.CS(COMM) 193/2019 Page 5 of 9
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 23/10/2023 at 21:32:44 As your resume is found satisfactory, we are inviting you for an interview at our company HR office. Place and time of your venue are as per follows:
Date of Interview: 30/10/2023
Venue of Interview: Udyog Kendra 2, Ecotech
III, Greater Noida, Uttar
Pradesh 201306
Time: 10 : 30A.M.
You will have to come with the following documents for attending the interview:
• Hard copy of Invitation mail.
• Mark sheets & Certificates of 10th & 12th ma~ sheet & Degree certificates of graduation and post- graduation.
• Diploma holders could come along-with the degree or diploma and other qualification certificates. • Candidates those who are pursuing their or diploma could come along for this interview. They could submit their degree or diploma after completion of their course. (If selected). • Passport (For those candidates who are willing to go abroad).
Candidates coming late will not be allowed. Salary offered for these posts varies between 39,700/-. to 5,20,000/- INR Monthly (HRA+ D.A. & other benefits).
Air tickets according to the location of the candidates & accommodation will be provided by the company.
One extra person is allowed with Female candidate. Tickets for the person accompanying will also provide by the company.
NOTE:-Candidates have to deposit a refundable security amount Rs. 8,760/- by NEFT/RTGS/IMPS/UPI into the AXIS BANK. REASON FOR SECURITY DEPOSIT- company is not taking any charge from any candidates it's just for surety that candidate will not skip there interview CS(COMM) 193/2019 Page 6 of 9 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 23/10/2023 at 21:32:44 and company can provide the air tickets and other expenses for candidates.
Last date of security deposit will be 18/10/2023. Your hall ticket and air ticket will dispatch very shortly after receiving your confirmation of security deposited in the Bank.
Security amount will be refunded to all the candidates after the interview without any deduction.
Brief job description will be mentioned in the hall tickets. Air tickets will be mailed to the candidates soon after receiving confirmation mail of counterfoil and details by respective candidates.
Note: Candidates are invited to their location, eligibility and our requirements. Refundable security amount is just the security amount to ensure that if the company is providing you the tickets candidate should be present at the time of interview.
Hope that you will accept this job offer and looking forward to welcome you India and abroad for this interview.
Regards"
4. The Court notices that these letters are using the logo "CP" and the watermark "COLGATE PALMOLIVE" and give an impression to any unknown innocent person as though the letters are originating from the Plaintiff.
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 CS(COMM) 193/2019 Page 7 of 9 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 23/10/2023 at 21:32:45 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 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 CS(COMM) 193/2019 Page 8 of 9 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 23/10/2023 at 21:32:45 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.
7. The present application and the documents in support thereof, be also handed over to Ms. Hetu Arora Sethi, ld. ASC as part of the investigation in the FIR which is already registered.
8. Any details of the Registrants of these domain names which are available with GoDaddy including KYC details and payments made through credit cards, email addresses, telephone numbers, postal addresses and any other identity shall be given to the ld. Counsel for the Plaintiff.
9. Application is disposed of.
CS(COMM) 193/2019
10. List on the date fixed i.e., 24th November, 2023.
PRATHIBA M. SINGH, J.
OCTOBER 20, 2023 mr/sk CS(COMM) 193/2019 Page 9 of 9 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 23/10/2023 at 21:32:45