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1. The plaintiffs have filed the present suit seeking inter alia permanent injunction restraining infringement of trademark, passing off, damages etc. It is alleged by the plaintiffs that the defendants are operating an e-commerce website where they are offering counterfeit products bearing the trademarks and logos of various luxury brands, including those of the plaintiffs, for sale. The defendants are ex-parte. The plaintiffs have produced the evidence by way of affidavit of Pankaj Pahuja as PW-1. The same was tendered in evidence as PW-1/A.

11. It is deposed in the affidavit of PW-1 that defendant No.4 is a company trading under the name and style of Digaaz e-Commerce Pvt. Ltd. and that defendant Nos.1 to 3 are the directors thereof. The defendants operate an ecommerce website www.digaaz.com where they offer lifestyle and fashion products for sale. The defendants' website www.digaaz.com has been found to be offering for sale and supplying counterfeit products bearing several registered trademarks of the plaintiffs including the suit trademarks. The domain name is registered in the name of defendant No.1 and an extract from www.whois-search.com providing the details of this domain name has been exhibited as Ex. PW-1/20. The Articles of Association of the defendant No.4 Company has been exhibited as Ex. PW-1/21. An invoice evidencing that the defendants are carrying on business in New Delhi has been exhibited as Ex. PW1/22.

34. There is no denial on behalf of the defendants that defendant No.4 is a company viz. Digaaz e-Commerce Pvt. Ltd and defendant Nos.1 to 3 are the directors thereof. The defendants are operating an e-commerce website www.digaaz.com where they are offering for sale products bearing the trademarks of various luxury brands. The domain name is registered in favor of defendant No.2.

CS(OS) No.1317/2014 Page 17 of 28 
             Document (s)                          Exhibit No(s)
      Whois     Search      results Ex-PW 1/20
      providing details of domain
      name 
      Articles of Association of Ex-PW1/21
      Defendant No.4 Company
      Third    party    websites Ex-PW1/24
      pertaining     to      the
      defendants

41. The other important factors in the present case are that the website www.digaaz.com is owned and operated by identified entities in India viz. Digaaz e-Commerce Pvt. Ltd. and its directors. 41.1 The defendants are selling counterfeit products of various luxury brands on their website www.digaaz.com. These products are sourced and sold directly to the customers by the defendants who have been caught in possession of massive quantities of counterfeit products. Defendant Nos.1 and 2 were arrested by the Cyber Crime Cell, Chandigarh.