Ambika bhardwaj
Published On: January 24, 2022 at 15:42 IST
The Delhi High Court found a Prima Facie Case in favour of Kajaria Ceramics and released a temporary Injunction under Order 39 of the Civil Procedure Code (CPC) in the Case of Kajaria Ceramics Limited v. Godaddy.com LLC &Ors, restricting the Defendant from intruding the tile manufacturer’s registered Trademarks, Copyright, Domain Names, and so on.
Defendant no. 5 is Alleged of generating a deceitful website that advertised a Kajaria tile dealership.
It was contended by the Plaintiff that the Defendant’s website had copied all of the Plaintiff’s website’s distinctive features and is charging Rs.10,000 for the grant of a counterfeit dealership of Kajaria.
The High Court determined that the three necessary components in Order 39 of the CPC for granting a temporary Injunction are Prima Facie Case in favour of the Plaintiff, balance of convenience in favour of the Plaintiff and irreversible injury to the Plaintiff if the Injunction is not given.
The following factors contributed to this decision:
“The Defendant is deceiving public by misleading them into believing that they are connected with the Plaintiff, the Defendant is misleading the public into giving dealership on behalf of the Plaintiff; and the Defendant is seeking significant ID information such as PAN Card, Aadhar Card, and Bank account statements for potential misuse to deceive such individuals.”
It was directed to the other Defendants – the Authorities and the domain name seller, Godaddy.com – to reveal all information about the Alleged infringers, freeze their bank accounts, and disable their cellphone numbers.
On the other hand, it gave Plaintiff the Right to use any of other domain names/websites/bank accounts/mobile numbers related to the cause of action during the Pendency of the Suit. It instructed that this Order be applied to such identities as well.
Also read: What is Intellectual Property and Rights of the Owner?