Domain Name Fraud | Read How Delhi HC plans to regulate non-compliant Domain Registrars
The Delhi High Court has issued wide-ranging directions to curb fraudulent domain name registrations used for impersonation, phishing, and financial scams.
The Delhi High Court has issued wide-ranging directions to curb fraudulent domain name registrations used for impersonation, phishing, and financial scams.
“The DNRs continue to promote alternative infringing domain names, several of which are clearly prima facie infringing the trade marks of the plaintiffs. In such a situation, not only shall the concerned DNRs lose the safe harbour protection, the said DNRs would be liable to be treated as infringers against whom reliefs would be liable to be claimed.”
The Delhi High Court examined multiple suits involving misuse of well-known trademarks through fraudulent domain names used for impersonation and consumer deception.
“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”
Delay in blocking access to rogue platforms would result in irreparable breach of JioStar India’s exclusive broadcast rights and revenue loss.
The dispute arose from the plaintiff’s allegation that Defendants 1 to 7 were engaged in the large-scale sale of counterfeit and sub-standard home care products bearing the trademark “Happi Planet” and copying the plaintiff’s distinctive packaging and trade dress.
“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
The systematic, organised and intentional nature of the infringement, and the regularity and consistency with which the said content is being updated/ uploaded on the said “rogue websites” shows the extent of the violation of the rights of the plaintiff in real time.
The Delhi High Court said that the dynamic nature of the digital landscape necessitates that court orders are not static but evolve in tandem with technological advancements and challenges posed by the virtual domain.
The Court found it fit to grant a Dynamic+ injunction to keep up with the hydra-headed nature of the infringement actions of the websites.
It is essential for the legal framework to remain vigilant and responsive to challenges presented by digital piracy, ensuring that protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding rights and interests of rightful owners.
The details of the Grievance Officers in terms of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the physical and email address shall be published openly for public access on LinkedIn’s website.
Delhi High Court: In the present suit filed by the Plaintiff against Defendants and other parties who are unnamed, technically
Delhi High Court: In what may probably go down as the first of its kind decision in India on the subject of anti-piracy