IP Case Law › Trade Marks › Delhivery Limited v. John Doe/Ashok Kumar & Ors.
Relevant Acts and provisions
Provisions considered: Trade Marks Act, 1999 (infringement; passing off; domain names)
Brief facts
Delhivery sued unknown persons who used its name and mark on look-alike domains to run fake franchise and distributorship schemes.
Issues before the Court
Whether interim relief, including suspension of infringing domains, should be granted.
Court's findings
The Court granted interim relief and directed the domain registrar to suspend the infringing domain names of defendants 5 and 6 (delhiverydistibutars.com and delhiverypartner.com).
Decision
Interim injunction with domain-suspension directions; plaintiff to comply with Order XXXIX Rule 3 CPC within 10 days.
Key legal principle / ratio
Courts may grant John Doe injunctions and direct suspension of domains that misuse a trade mark to defraud the public.
Important paragraph references
Paras 34-35. Interim order.
Important: This case note is a research summary only. It must be verified against the full judgment by a qualified lawyer, advocate or patent/trade mark attorney before any reliance. Do not rely on it as legal advice; Ragulika IP accepts no responsibility for its accuracy or for any action taken on it.
Keywords
Domain Names Domain Suspension Franchise Scam Impersonation John Doe Order
Read the judgment
More Trade Marks judgments
Trade Marks
Abhimanyu Prakash & Ors. v. Ferrero S.p.A. & Ors.
Seized infringing articles bearing an imitation of a protected trade dress should be destroyed rather than released for other use.
AppealCounterfeit GoodsDestruction of Seized GoodsJar ShapeTrade MarksAcqua Minerals Limited v. Pramod Borse & Anr.
Registration of a domain name identical or deceptively similar to another's well-known trade mark, by a person having no legitimate connection with that mark and who seeks to profit from its transfer, amounts to bad faith cybersqu…
Bad Faith AdoptionCybersquattingDomain NamesPassing OffTrade MarksADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks
Section 9(1)(a) of the Trade Marks Act, 1999 proscribes registration only where a mark is devoid of distinctive character, that is, incapable of distinguishing the goods or services of one person from those of another; it does not…
Absolute Grounds for RefusalArbitrary MarkDistinctivenessNon-speaking Order