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21.6. It is pertinent to mention at this stage that the Plaintiff does not provide any trading operations or platforms or brokerage services for individuals desiring to buy or sell financial instruments or assets, neither within nor outside India.

21.7 Defendant No. 1 and 2 are the registrant of the domain names -

"roarks.in" and "roark.in" (collectively referred as 'Fake domain names'). Defendant No.1 has created various websites - https://www.roarks.in; web.roarks.in and https://h5.roarks.in ('Fake websites') on its domain name. 21.8 These Fake websites are fraudulent and unauthorized rogue 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 18/04/2024 at 21:17:42 websites/domain names which are dishonestly and illegally using the Plaintiff's name, original copyrighted works, contents of the original websites and its trademarks and logo to fraudulently misrepresent that they are associated with the Plaintiff. That apart, these Fake websites direct the user to download an app in order to use the purported 'trading platform' to engage in trading of financial assets ("Fake App"). The Fake App not only misuses the name of the Plaintiff, but also, inter alia, informs the user to reach out with their queries to an email address by the name of support@ roark.in (based on the Fake domain name). Furthermore, the Fake domain name registered by Defendant No. 2 -roark.in is being misused in registering fake email addresses such as [email protected] and [email protected], further misusing the name and goodwill of 'Roark' to mislead the general public into believing that the said email addresses are associated with the Plaintiff. Thus, apart from copyright infringement, the Defendant Nos.1 and 2 are also impersonating/passing-off themselves as Plaintiff and misleading the general public through these Fake websites and Fake domain names, which incorporate the Plaintiff's trademark 'Roark' in its entirety. 21.9. Defendant No. 3 is a domain name registrar engaged in the business of providing domain name registration. The domain name of Defendant No. 1, i.e., "roarks.in" (including the fake websites) is registered with Defendant No. 3. Similarly, Defendant No.4 is the domain name registrar of Defendant No.2's domain name- "roark.in". Furthermore, Defendant No 3 and 4 have refrained from disclosing the identities of Defendant Nos. 3 and 4 under the garb of maintaining privacy.

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 18/04/2024 at 21:17:42 used on the Fake website and Fake app " " and " " are deceptively similar to the Plaintiff's logo " " Thus, Defendant Nos.1's fake website prima facie infringes upon the copyright of the Plaintiff.

23. Defendant Nos.1 and 2's Fake websites and Fake domain names are ex-facie deceptively similar to the domain name of the Plaintiff's original website- https://www.roarkcapital.com/. Defendants 1 and 2, by utilizing Fake websites and Fake domain name involving the mark 'Roark,' are prima facie engaged in misleading and deceiving the public. They are not merely suggesting an association with the Plaintiff but are directly impersonating the Plaintiff themselves. Furthermore, the Fake Domain Name registered by Defendant No. 2 -roark.in is being misused in registering fake email addresses such as [email protected] and [email protected]. These acts of false impersonation are designed to mislead the public into believing that they are dealing with the Plaintiff, thereby potentially damaging the Plaintiff's reputation and deceiving consumers about the true source of the services offered. The documentary evidence submitted clearly shows that the Fake websites were intentionally designed to mimic the Plaintiff's genuine websites, creating a high likelihood of confusion and misleading of the public. Furthermore, the use of the Plaintiff's logo on the Fake application accessible via these websites, along with the prominent display of the email address [email protected] on the same application, underscores the deliberate attempts by Defendants 1 and 2 to impersonate the Plaintiff. The intent here seems to be to deceive the public into believing that they are This is a digitally signed order.