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Delhi High Court - Orders

Adobe, Inc vs Namase Patel And Others on 13 September, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~16
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +                                    CS(COMM) 159/2022
                                 ADOBE, INC                                                 ..... Plaintiff
                                                      Through:     Ms. Shwetasree Majumder, Ms.
                                                                   Tanya Varma and Mr. Prithvi Gulati,
                                                                   Advocates (M:9599109837)
                                                      versus

                                 NAMASE PATEL AND OTHERS                               ..... Defendants
                                                      Through:     Mr. M.K. Singh, proxy counsel for
                                                                   Mr. Samir Chugh, Advocate for D-3.
                                                                   (M:9810455716)
                                                                   Mr. Harish V. Shankar, CGSC, Mr.
                                                                   Srish Kumar Mishra, Mr. Sagar
                                                                   Mehlawat, Mr. Alexander Mathai
                                                                   Paikaday,               Advocates.
                                                                   (M:9810788606)
                                                                   Mr. Azhar Qayum, Advocate for D-8.
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                                    ORDER

% 13.09.2022

1. This hearing has been done through hybrid mode.

2. The present suit has been filed by the Plaintiff - Adobe, Inc. - seeking permanent injunction restraining infringement of the Plaintiff's trademark, passing off, dissemination of confidential information, unfair trade practices, transfer of domain names, rendition of accounts and damages against the Defendant No.l - Namase Patel, who has registered the domain names www.addobe.com and www.adobee.com (hereinafter "Infringing Domains").

3. Vide order dated 11th March, 2022, an ex parte ad-interim injunction Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 159/2022 Page 1 of 5 Signing Date:14.09.2022 16:39:52 was granted in the following terms:

"19. Under such circumstances, the Plaintiff has made out a prima facie case in its favour for grant of ex-parte injunction. Defendant Nos.2 to 10 are internet service providers (hereinafter "ISPs"). The Registrar of the Infringing Domains is M/s. SEA WASP LLC/Defendant No.12, which is also a company whose home page has been blocked by the DoT under the Information Technology Act, 2000. The illegality committed by Defendant No.1 is, thus, evident upon a perusal of the averments in the plaint and the documents.

20. Accordingly, the following directions are issued:

(1) Defendant No.1 and anyone else acting on his behalf, is restrained from using the Infringing Domains being www.addobe.com and www.adobee.com and further from registering any domain name, which incorporates the Plaintiff's trademark 'ADOBE' or 'PHOTOSHOP' or 'SPARK' or any other variants thereof.

(2) Defendant No.1 shall be served on the email address [email protected].

The declared address of Defendant No.1 is 1415, Mahatma Gandhi Road, MHADA, Mumbai, Maharashtra-400066, which is stated to be a false address as there is a mismatch between the address and pincode. Accordingly, directions are also issued to the Cyber Cell, Mumbai Police to conduct an investigation and place on record a status report as to the following:

(i) The individual(s), who has registered the Infringing Domains www.addobe.com and www.adobee.com.

(ii)The individual, who is using the email id [email protected].

(3) The Mumbai Police is permitted to use the services of any other police authority in other cities, if the need so arises. Copy of the present order be served upon the Commissioner of Police, Mumbai at the email address [email protected] for filing of the status report. Ld. Counsel for the Plaintiff to do the necessary follow-up, if required.

(4) The ISPs i.e., Defendant Nos.2 to 10 are directed to block the Infringing Domains i.e., www.addobe.com and www.adobee.com, immediately.

(5) Defendant No.11 is directed to issue instructions for blocking of the Infringing Domains i.e., www.addobe.com and www.adobee.com, immediately. (6) Defendant No.12 shall disclose to the Court the contact details of the person, who has registered the Infringing Domains www.addobe.com and www.adobee.com.

The said Infringing Domains i.e., www.addobe.com and www.adobee.com, shall be blocked immediately and status quo shall be maintained till the next date of hearing. No transfer shall be permitted of the said domain names.

(7) Defendant No.13, WWW.ABOVE.COM which is hosting Defendant No.1's email/domains on its catch-all email configuration, shall suspend the said services qua Defendant No.1 and shall also disclose to this Court the contact details of the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 159/2022 Page 3 of 5 Signing Date:14.09.2022 16:39:52 person, who is using the email address [email protected] or any other persons who have availed of catch-all email configuration services from WWW.ABOVE.COM. "

4. Vide order dated 11th May, 2022, the above interim order granted on 11th March, 2022 was made absolute during the pendency of the present suit.

5. None appears for Defendant No.1, who is the contesting party, even today. Vide order dated 1st September, 2022 passed by the Registrar, the right of the Defendants to file the written statement has been closed.

6. Accordingly, the Defendant No.1 is proceeded against ex parte. The DNRs i.e., Defendant Nos. 12 and 13 are also proceeded against ex parte in the matter.

7. On behalf of Defendant No.3 - Bharti Airtel Ltd. and Defendant No.8

- Tata Teleservices, it is submitted that the directions issued vide order dated 11th March, 2022 have been complied with. Let affidavits of compliance, if not already filed, be filed by the next date of hearing.

8. Vide order dated 11th March, 2022, the Cyber Cell, Mumbai Police was directed to file a status report as to the details of the individuals using the impugned websites and email address. In this regard, Ms. Majumder, ld. Counsel submits that the Cyber Cell, Mumbai Police has concluded the investigation and the status report is awaited. Let the said status report be placed before the Court on the next date of hearing.

9. Ms. Majumder, ld. Counsel, further submits that a partial status report has been given by the Cyber Cell, Mumbai Police. Let the said partial status report be brought on record.

10. Ld. Counsel for Defendant No.8 - Tata Teleservices submits that he does not have the copy of the paper-book. Let the same be supplied by ld. Counsel for the Plaintiffs to the ld. Counsel for Defendant No.8, within two days.

11. Ld. Counsel for the Plaintiffs may file written submissions, if any, by the next date of hearing.

12. List on 29th November, 2022.

PRATHIBA M. SINGH, J SEPTEMBER 13, 2022 dj/ad Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 159/2022 Page 5 of 5 Signing Date:14.09.2022 16:39:52