In a recent decision dated 26th March 2025, the Hon’ble Mr. Justice Amit Bansal of the Delhi High Court delivered a comprehensive judgment in CS (COMM) 71/2024, wherein the plaintiffs, Peak XV Partners Advisors India LLP and Peak XV Partners Operations LLC, successfully secured a decree of permanent injunction against unidentified fraudsters operating under the pseudonym “John Doe.” The defendants were found to be misappropriating the plaintiffs’ trademark and brand identity for fraudulent financial activities. This case reaffirms the principles of trademark protection in the digital domain and the readiness of courts to act decisively against identity theft and cyber impersonation under the law of passing off.
The plaintiffs, Peak XV Partners Advisors India LLP and its Mauritius-based affiliate, Peak XV Partners Operations LLC, are successors to Sequoia Capital India LLP and Sequoia Capital India Operations II LLC respectively. Having rebranded themselves as “PEAK XV PARTNERS” in June 2023, the plaintiffs are among the most prominent venture capital and investment advisory firms operating in India and Southeast Asia. The firm provides capital and advisory services to startups across diverse sectors including AI, fintech, climate-tech, and health-tech. The plaintiffs have played a vital role in India’s startup ecosystem, advising funds that have invested in over 400 startups and facilitating over 19 IPOs and M&A transactions.
In June 2023, the plaintiffs publicly adopted the brand “PEAK XV PARTNERS” following a global restructuring of Sequoia Capital. The new brand, inspired by the early surveyor name for Mount Everest, symbolizes the company's pursuit of excellence and high aspirations. Since the rebranding, the plaintiffs have made extensive efforts to promote the brand across websites, social media platforms, and media coverage. Trademark registration applications were filed, and domain names were secured including the primary domain www.peakxv.com. The plaintiffs also maintain a strong digital presence through platforms like Twitter (X) and Instagram.
In December 2023, the plaintiffs became aware of a fraudulent scheme perpetrated by unknown parties through the domain https://pakxv.ioyppp.com/ and a mobile application named “PAK XV.” The perpetrators operated under the pretext of being affiliated with “PEAK XV PARTNERS” and used deceptively similar trade dress, trademarks, and visual elements to mislead users. These elements included the reproduction of branding, content, colour schemes, and promotional materials originally developed by the plaintiffs. They offered fictitious investment schemes under headings like “Pakxv-VCS: 102” and “VIPs,” which included unrealistic promises of financial returns.
The impersonators also created groups on messaging platforms like WhatsApp and Telegram named “Peak XV 1026” and “Peak XV Group,” impersonating senior personnel of the plaintiffs including Mr. Shailendra Singh and Mr. Rajan Anandan. Using these channels, the fraudsters solicited money from the public and created an illusion of legitimacy and association with the plaintiffs. The impersonation extended to the use of a mobile number (+91 8271422399), prompting the plaintiffs to involve telecom companies and request suspension of services.
Legal notices were issued to various digital intermediaries, including Meta (WhatsApp), Telegram, and Google. These platforms responded to takedown requests and removed the offending content. A suit was then filed before the Delhi High Court seeking an ex parte injunction and ancillary reliefs against John Doe (defendant no.1) and associated service providers and registrars.
On 24th January 2024, the Court granted an ex parte interim injunction in favour of the plaintiffs, restraining the defendants from using the trademarks “PEAK XV” or “PEAK XV PARTNERS,” whether through websites, apps, or messaging services. The Court also directed removal and blocking of all related URLs and accounts. Further, IndusInd Bank was ordered to freeze UPI IDs associated with the fraudulent transactions.
By 18th March 2025, several defendants including Google, Telegram, Meta Platforms, and the Ministry of Electronics and Information Technology, were found to have complied with the Court’s orders and were removed from the array of parties. However, the domain name registrar and telecom provider (Bharti Airtel) remained as defendants due to non-compliance or pending action. Defendants no.1 and 2, including the unknown impersonators and the domain name registrar, were proceeded against ex parte due to non-appearance despite service.
Justice Bansal analysed the material on record, including the detailed pleadings and evidence submitted by the plaintiffs. Noting the lack of written statements or affidavits in response from the defendants, the Court held that all averments in the plaint stood admitted under Order VIII Rule 10 of the Civil Procedure Code. The Court found that the plaintiffs held prior rights in the mark “PEAK XV PARTNERS” and had successfully demonstrated substantial goodwill and public recognition attached to the mark. The impugned use of a deceptively similar mark was held to be intended to deceive and mislead the public into believing an association with the plaintiffs.
The Court concluded that the actions of the defendant no.1 amounted to passing off, by creating a false impression of affiliation with the plaintiffs and capitalizing on their goodwill. The use of WhatsApp and Telegram groups, unauthorized reproduction of website content, and impersonation of the plaintiff’s directors were all considered aggravating factors indicating deliberate deception and mala fide intent.
In light of the above, the Court passed a decree of permanent injunction restraining the defendants from using the plaintiffs’ name or trademarks without authorisation. Additionally, Bharti Airtel was directed to suspend the mobile number used for fraudulent activities and disclose the Know Your Customer (KYC) details of the registrant. The plaintiffs did not press for other remaining reliefs.
This judgment is a significant addition to the jurisprudence surrounding trademark protection and digital enforcement against anonymous cyber fraud. It reinforces the principle that identity theft and impersonation in the digital space, especially when combined with false commercial representations, are actionable under the tort of passing off. It also underscores the proactive role that courts can play in extending interim and final injunctive reliefs to protect legitimate brand owners from online fraud.
Importantly, this case demonstrates the efficacy of the “John Doe” remedy in the Indian legal system, allowing trademark owners to secure urgent relief even when the identity of the infringer is initially unknown. It also illustrates the collaborative role that intermediaries—ranging from domain registrars to social media platforms—must play in curbing online infringement and financial fraud.
In conclusion, Peak XV Partners v. John Doe is a judicial affirmation of the enforceability of intellectual property rights in the digital age and provides a template for victims of cyber impersonation and brand fraud to seek effective legal recourse.
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