Delhi HC restrains unauthorised use of Meesho trademarks by rogue websites

DoT and MeitY to issue blocking order for domain names identified by Meesho in suit

In a significant order, the Delhi High Court has recognised Meesho as a “well-known mark” and issued substantive directions to curb bad actors engaging in fraudulent activities by registering dummy websites. SoftBank-backed Meesho said the court has directed domain name registrars to ensure that no other such fake website with the well-known mark ‘Meesho’ is registered using their services.

The order was issued in response to a suit filed by Fashnear Technologies Private Limited (Meesho) asking for a permanent injunction on rogue websites that were using Meesho’s trademarks and/or copyright to defraud and dupe unsuspecting and gullible members of the general public.

Meesho said the “John Doe” order is a substantial step towards curbing online frauds and further safeguarding the interests and security of the customers. John Doe orders or Ashok Kumar orders are ex parte injunctions against unknown or anonymous offenders, and are used to safeguard the creator's intellectual property rights.

The order states that infringing websites identified by Meesho to be blocked/suspended by all concerned Domain Name Registrars (DNRs) within 48 hours. The Department of Telecommunication (DoT) and Ministry of Electronics and Information Technology (MeitY) have been directed to issue a blocking order for such infringing domain names. Further DNRs and ISPs are to ensure no other fake website/domain containing ‘Meesho’ trademark is registered and various banks are directed to immediately freeze accounts associated with impugned domains.

In June this year, a similar order was issued by the Delhi High Court in favour of Amazon Seller Services and its other companies restricting rogue websites using the Amazon trademark and logo.

It also restricted them from any deceptive variant which is identical to the original mark, noting that the activities of these sites are leading to financial loss to the innocent public.

The high court said it was of the view that the plaintiffs, Amazon Seller Services Private Limited and its other companies have made out a prima facie case for grant of ex parte ad-interim injunction.

The high court restrained rogue websites, its Facebook page by the name of 'Amazon Franchise,' their owners and all others acting on their behalf or anyone from using the mark 'Amazon', 'Amazon.in'. It restrained them from any deceptive variants which are similar to the plaintiffs' Amazon marks, in any manner, amounting to infringement of its trademarks, till the next date of hearing.