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Showing contexts for: GoDaddy in Kamdhenu Limited vs Raghunath Virdharam Bishnoi And Ors on 23 March, 2022Matching Fragments
5. The details relating to the number of persons who have been defrauded by the Defendants have been set out in the application. The modus operandi adopted by these Defendants was to approach various customers and get purchase orders placed from them and receive advance amounts through various bank accounts.
6. Moreover, the submission of Mr. Bansal, ld. Counsel for the Plaintiff, is that Defendant No.1 had in fact availed of the Ads Program on the Google platform and had registered 'kamdhenuispat' as the keyword so as to appear in the top search result as a sponsored advertisement. Accordingly, the Plaintiff by the present application, is seeking directions against the Registrar of the said domains - GoDaddy LLC/Defendant No.8 (hereinafter "GoDaddy"), as also against various banks/Defendant Nos.5-7, telecom companies/Defendant Nos.3, 4 & 9, and Google LLC/Defendant No.10 (hereinafter "Google"), for disclosure of details of the holders of the domain names, mobile numbers, bank accounts, and Google Ads/email accounts.
10. It is also submitted by Mr. Bansal, ld. Counsel appearing for the Plaintiff, that despite approaching various police stations and police authorities including cyber cell authorities, no action has been taken against Defendant Nos.1 and 2. In fact, even basic details are not being revealed to the Plaintiff. The Plaintiff's business is suffering immensely.
11. Mr. Darpan Wadhwa, ld. Senior Counsel appearing for GoDaddy, has placed reliance on the recent order passed by a ld. Single Judge of this Court in CS(COMM) 154/2021 titled Godrej Properties Ltd. v. Ashok Kumar & Anr., dated 14th March, 2022, where certain directions have been issued to prevent phishing through the registration of similar domain names. He submits that similar directions may be passed in this matter, instead of Defendant No.8 being blanketly directed to remove all future use of the Plaintiff's marks, as and when such domain names may come up.
(i) Insofar as the infringing domain name in this application is concerned, being 'http://www.kamdhenusteelltd.com', Defendant No.8- GoDaddy LLC shall suspend the said domain name with immediate effect. Insofar as the second domain name being 'http://www.kamdhenusteelimited.com' is concerned, upon receiving a communication, GoDaddy has already suspended the domain name. The same shall continue to remain suspended.
(ii) Insofar as when any further illegal and infringing domain names are discovered, the Plaintiff shall report to GoDaddy on its phishing tool (available at https://supportcenter.godaddy.com/AbuseReport), in respect of any and all objectionable domains containing the word 'Kamdhenu', 'Kamdhenusteel' and 'Kamdhenuispat'. GoDaddy shall immediately take cognizance of the said reporting and disable/suspend such domain names within three working days. If GoDaddy does not disable or suspend the domain names within three working days, the Plaintiff is permitted to move an application or an affidavit before the Joint Registrar, Delhi High Court, in this regard, who shall direct the same to be suspended.