High Court Grants Ex Parte Interim Injunction in Favor of Ambuja Cements Limited Against Fraudulent Use of Trademark
Delhi High Court has granted an ex parte interim injunction in favor of Ambuja Cements Limited, one of India’s leading manufacturers of cement and construction materials, against unauthorized use of its trademark by Defendants No. 1 to 12, who allegedly created fake websites to engage in phishing activities.
Background:
Ambuja Cements Limited, a prominent player in the cement industry, has been using the trademark “AMBUJA CEMENTS” since 1984. This mark is not only central to the company’s branding but also forms an integral part of its corporate identity.
The plaintiff filed a suit alleging that Defendants No. 1 to 12 had created fraudulent websites using the “AMBUJA CEMENT” trademark. These websites purportedly offered the plaintiff’s products to the public across India, despite the fact that Ambuja Cements Limited exclusively distributes its products through authorized dealers and does not sell online. This deceptive practice was intended to mislead consumers into believing they were purchasing authentic products directly from the plaintiff.
Court’s Observations:
The court examined the evidence, including screenshots and consumer accounts, which indicated that Defendants No. 1 to 12 were unlawfully using the “AMBUJA CEMENT” trademark. These defendants misrepresented themselves as officials or employees of Ambuja Cements Limited, luring unsuspecting consumers into paying significant amounts of money under the false pretense of placing orders for genuine Ambuja Cements products.
Judgment:
Hon’ble Judge Sanjeev Narula, upon considering the submissions and evidence presented, found that there was a prima facie case of trademark infringement and misrepresentation. The court noted that the defendants' actions were aimed at deceiving consumers and tarnishing the plaintiff's reputation.
Accordingly, the court granted an ex parte interim injunction, restraining Defendants No. 1 to 12 from using the “AMBUJA CEMENT” trademark or any deceptive variation thereof. This injunction aims to protect consumers from further harm and preserve the integrity of Ambuja Cements Limited’s brand.
Conclusion:
The High Court’s decision in Ambuja Cements Limited Vs Sudheer Sharma sets a critical precedent in trademark law enforcement, particularly in the digital age where fraudulent online activities are increasingly common.
Case Title: Ambuja Cements Limited Vs Sudheer Sharma
Judgment/Order Date: 29.05.2024
Case No. CS(COMM) 469/2024
Neutral Citation: NA
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Sanjeev Narula, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written by:Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
