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Itc Limited vs Ashok Kumar & Ors on 28 January, 2021

Author: J.R. Midha

Bench: J.R. Midha

                          $~O-10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CS(COMM) 373/2020 & I.A. Nos.7995/2020, 7996/2020,
                               7999/2020, 9171/2020, 84/2021, 430/2021 & 1371/2021

                                ITC LIMITED                                          ...... Plaintiff
                                                    Through:      Ms.Vaishali Mittal and Mr.
                                                                  Souradeep Mukhopadhyay,
                                                                  Advocates.

                                                    Versus

                                ASHOK KUMAR & ORS.                                  ..... Defendants
                                            Through:              Ms. Reeya Singh, Advocate for
                                                                  defendant No.6.
                                                                  Mr. Rajiv Kapur and Mr. Akshit
                                                                  Kapur, Advocates for defendant
                                                                  No.7.
                                                                  Ms. Amita Kumari, Advocate for
                                                                  defendant No.10.
                                                                  Ms. Asmita Kumar, Advocate for
                                                                  respondent No.14.

                                CORAM:
                                HON'BLE MR. JUSTICE J.R. MIDHA

                                      ORDER

% 28.01.2021

1. The hearing has been conducted through video conference.

2. Learned counsel for the plaintiff submits that there is a typographical error in paras 4 and 5 of the order dated 11th January, 2021. The order dated 11th January, 2021 is corrected and the domain name <itcaaplyfranchise.com> is corrected and be read as Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:05.02.2021 19:11:14 <itcapplyfranchise.com>. Paras 4 and 5 of the corrected order dated 11th January, 2021 are reproduced hereunder:-

"4. The interim order dated 10th September, 2020 is extended to the two domain names namely <itcdistributorship.in> and <itcapplyfranchise.com>, i.e. Endurance Domains Technology LLP and NameCheap, Inc.

5. The registrar of domain names namely <itcdistributorship.in> and <itcapplyfranchise.com>, i.e. Endurance Domains Technology LLP and NameCheap, Inc. are directed to suspend/block the two domain names immediately upon receipt of the copy of this order. Defendant No.7, State Bank of India is directed to suspend operations and freeze all amounts held in account No. 39477252844 and file the information pertaining to said account as well as the details of other accounts held by the same person within three weeks of the receipt of the copy of this order."

3. There is another typographical error in the number of application in para 9 of the order dated 11th January, 2021. The number of the application in the para-9 of the order dated 11th January, 2021 is corrected and be read as I.A.84/2021 instead of I.A.430/2021.

4. Issue notice to defendants No.1 to 4 by email, returnable on 03rd March, 2021.

5. Learned counsel for the plaintiff submits that defendant Nos.1 to 4 are continuously violating the interim order dated 10th September, 2020 and the defendants have registered two new domain names in violation of the interim order. It is submitted that the interim order be passed against two new domain names mentioned in para 22(i).

6. The interim order dated 10th September, 2020 is extended to the two domain names namely <itcaashirvaaddistributors.com> and <itcdealershipapply.com>, i.e. GoDaddy.com. LLC and NameCheap, Inc.

7. The Registrars of domain names i.e. GoDaddy.com. LLC and NameCheap, Inc. are directed to suspend/block the two domain names i.e. namely <itcaashirvaaddistributors.com> and <itcdealershipapply.com> immediately upon receipt of the copy of this order.

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.

10. List for further proceedings on 03rd March, 2021.

11. Defendants No.6, 7, 10 and 14 are directed to furnish the particulars of the bank account details and particulars of the account holder to plaintiff to enable the plaintiff to take appropriate legal actions against the violators. Defendants No. 6, 7, 10 and 14 are directed to furnish the relevant particulars sought by the plaintiff to learned counsel for the plaintiff within two weeks.

12. The order be uploaded on the website of this Court forthwith.

J.R. MIDHA, J.

JANUARY 28, 2021 ak Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:05.02.2021 19:11:14