Delhi High Court - Orders
Itc Limited vs Ashok Kumar & Ors on 5 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 373/2020 and I.A. 19495/2023
ITC LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Siddhant Chamola & Mr.
Shivang Sharma, Advs. (M:
9145544111)
versus
ASHOK KUMAR & ORS. ..... Defendants
Through: Ms. Hetu Arora Sethi ASC GNCTD
with Mr. Arjun Basra Adv. for Delhi
Police, Cyber Cell. (M: 9810368590)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 05.10.2023
1. This hearing has been done through hybrid mode. I.A. 19495/2023 (for stay) in CS(COMM)-373/2020
2. This is an application filed by the Plaintiff- ITC Limited seeking an injunction against further sub-domains and domain names, illegally portraying themselves to be related to the Plaintiff.
3. It is averred that the specified sub-domains and domain names are soliciting franchises and dealers, and collecting money from innocent users by enticing them under the garb of offering dealerships and franchises associated with the Plaintiff's company. It is also claimed that the Defendants are misrepresenting themselves as the Plaintiff's representatives to the public through phone calls and platforms, like WhatsApp, while imitating association with the Plaintiff's name, address, and trademarks.
4. Mr. Anand, ld. Counsel submits that the following domain names/ CS(COMM) 373/2020 Page 1 of 7 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 09/10/2023 at 21:17:48 sub-domains are engaged in this illegal and fraudulent activity:
S. Domain Name Date of Registrar and
No. Registration Host
1. itc-distributors.business.site 17.04.2017 Mark Monitor,
Inc. & Google
LLC
2. https://drfranchises.com/itcfranchise 23.01.2021 GoDaddy.com,
LLC & Google
LLC
3. Startdistributor.com 09.01.2023 Hosting Concepts
B.V. d/b/a
Registrar.eu
4. Blog.getdistributors.com Tucows Domains
Inc. & Google
LLC
5. He further submits that several domain names, have been impleaded in the present suit. In total, more than 235 domain names have been injuncted, and 19 banks accounts have been frozen. Moreover, additional bank accounts have been identified by the Plaintiff where money is being collected illegally and fraudulently. The details of the same are as under:
S. No. Bank Account Number Bank Name/ IFSC Code
1. 1498000101080921 PUNB0218600
2. 5467101006711 CNRB0000279
3. 35564082755 SBIN0001652
4. 20243136763 SBIN0001722
5. 585310110014033 BKID0005853
6. 920020073203408 Axis Bank CS(COMM) 373/2020 Page 2 of 7 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 09/10/2023 at 21:17:48
7. 08770110090336 UCO Bank
8. 0787101045937 CNRB0000279
9. 3041000101494373 PUNB0218600
10. 6900000100052564 PUNB0690000
11. 39595854172 SBIN0004875
12. 920020073203408 UTIB0000005
13. 920010034104071 Axis Bank
14. 39926710488 SBI- Kanpur Cantonement (Aditya Chandra)
15. 20302710736 SBIN0060145
16. 9525000100021878 PUNB0465600
17. 1845000101456775 PUNB0218600
18. 920010073646417 UTIB0000005
19. 317602010065139 UBIN0530123
20. 1845000101456863 PUNB0218600
21. 762502010004579 UBIN0530123
22. 1016010135368 PUNB0218600
23. 7375000100035096 PUNB0218600
24.. 414502010103749 UBIN0530123
25. 52200014395388 BDBL0001843
26. 7041284154 IDIB000K758
27. 052401002951 ICIC000524
28. 7054569177 IDIB000S073
29. 0045518287 Kotak Mahindra Bank CS(COMM) 373/2020 Page 3 of 7 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 09/10/2023 at 21:17:49
30. 112201101474396 UCO Bank
31. 7045918393 Indian Bank
32. 124818210000185 BKID0004000 Bank of India
33. 7012777029 Indian Bank
34. 7050935387 IDIB000K758
35. 60370650506 MAHB0001232
36. 921010037032613 UTIB0000005 (Axis)
37. 7052825012 Indian Bank
38. 124818210000185 Bank of India
39. 50800100004264 Bank of Baroda
40. 0012314218 Kotak Mahindra Bank
41. 1228000100271037 Punjab National Bank
6. Considering the fraudulent activities carried out by the Defendants, the Plaintiff had filed several applications being I.A. No. 7995/2020, I.A. No. 9071/2020, I.A. 84/2021, I.A. 430 of 2021, and I.A. 1371/2021. By virtue of the previous orders, this Court has already recognised the Plaintiff's rights in its marks, and injuncted the Defendants from carrying on such activities, which led to defrauding innocent consumers.
7. For instance, this Court vide order dated 10th September 2020, injuncted the Defendants from using the Plaintiff's marks/trade devices as a part of their WhatsApp profiles, and also directed the Registrar of domain names to suspend/block several infringing domain names. The said order passed in I.A. No. 7995/2020 reads as follows:
CS(COMM) 373/2020 Page 4 of 7This 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 09/10/2023 at 21:17:49 "6. Furthermore, in the meanwhile, defendant no. 1 to 4, their proprietors, partners, affiliates, franchises, officers, distributors, agents and representatives are restrained from using the plaintiff's registered trademarks/trade devices and/or their variants as also any other mark or device mark which is deceptively similar to the plaintiff's registered marks/devices marks. 6.1 Besides this, the defendants are also restrained from operating the following websites and e-mail IDs or any other website/e-mail ID which is deceptively similar to these websites/e-mail Ids:
(i) www.itcashirvaaddistributorship.com
(ii) itcfranchise.com
(iii) [email protected]
(iv) [email protected]
(v) [email protected]
(vi) [email protected] 6.2 In addition, thereto, the defendants are also injuncted from using the plaintiff's trademarks/trade devices as a part of their WhatsApp profiles.
6.3 The Registrar of the domain names i.e. defendant no. 5 is directed to suspend/block the following domain names concerning defendant nos.1 to 4:
(i) itcaashirvaaddistributorship.com
(ii) itcfranchise.com 6.4 In order to prevent defendant nos. 1 to 4 from deceiving the gullible persons, defendant nos. 6 to 9 are directed to freeze the operations of the following bank accounts.: [...]"
8. Similar orders have been passed by this Court on 9th October 2020, 11th January 2021, and 28th January 2021. Vide order dated 28th January 2021, this Court in I.A. 1371/2021 directed as follows:CS(COMM) 373/2020 Page 5 of 7
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 09/10/2023 at 21:17:49 "8. Learned counsel for the plaintiff submits that the Registrar of domain names namely PDR Limited, Endurance Domains Technology LLP, GoDaddy.com. LLC and NameCheap, Inc. be directed not to register a fresh domain name with the name containing the mark, 'ITC' in conjunction with either 'AASHIRVAAD', 'DISTRIBUTOR', 'DISTIRBUTORSHIP', 'DEALER', 'DEALERSHIP', 'APPLY', 'FRANCHISE', 'CARE', 'PORTAL' or 'PORTEL' and to promptly suspend any such domain name containing the mark 'ITC' when such domain is brought to the notice of the Registrar by the plaintiff in writing. Registrars of domain names namely PDR Limited, Endurance Domains Technology LLP, GoDaddy.com. LLC and NameCheap, Inc., upon being informed by the plaintiff in writing, are directed to take down any domain name on which the plaintiff's name 'ITC' or part thereof is featured or mentioned. The compliance report be filed by the Registrar of domain names on affidavit before the next date of hearing.
9. Learned counsel for defendants No.6, 7, 10 and 14 seeks time to file the compliance report. The compliance report be filed by these defendants as well as other defendants on affidavit within four weeks...."
9. In view of the previous orders passed in this matter, the above domain names/sub-domains shall also stand injuncted. The concerned Domain Name Registrars/domain holders as mentioned in the above table at paragraph 4 of this order are directed to lock and suspend the said domain names/sub- domains immediately upon receipt of this order along with the URLs from the Plaintiff. The DNRs shall also disclose all the contact details, email addresses, phone numbers, KYC details and any other details available CS(COMM) 373/2020 Page 6 of 7 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 09/10/2023 at 21:17:49 regarding the registrants of the above domains and sub-domains.
10. Ms. Hetu Arora Sethi, ld. ASC is requested to accept notice on behalf of the Cyber Cell, Delhi Police. The Cyber Cell, Delhi Police shall immediately notify and inform all the banks where the aforementioned bank accounts are managed/operated, to freeze the said bank accounts with immediate effect. The complete set of the present application and the domain names shall be supplied to Ms. Sethi, ld. Counsel today itself.
11. Issue notice in this application to the said sub-domain/domain holders. Service is permitted through all means, including e-mail. Compliance of Order 39 Rule 3 CPC by email, within one week.
12. List on the date fixed.
PRATHIBA M. SINGH, J.
OCTOBER 5, 2023 dj/dn CS(COMM) 373/2020 Page 7 of 7 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 09/10/2023 at 21:17:49