Court Issues Ex-Parte Ad-Interim Injunction Against Fraudulent Use of Federated Hermes Trademarks
In a decisive move to protect both consumers and the reputation of the Federated Hermes brand, the Hon'ble Court has issued an ex-parte ad-interim injunction against unknown individuals or groups identified as Defendant No. 1. This order was granted following compelling evidence presented by the Plaintiff, demonstrating the fraudulent activities conducted by these defendants.
Evidence of Fraudulent Activity
The Plaintiff submitted substantial evidence, including screenshots and other materials, that clearly depict Defendant No. 1’s misuse of the Federated Hermes trademarks. The defendants, operating through various WhatsApp groups, communities, and channels, have been attracting unsuspecting consumers by leveraging the Plaintiff’s well-established reputation. These unauthorized operators have falsely represented themselves as offering financial trading and investment advice, along with platforms for monetary transactions, including purported "VIP accounts."
Misrepresentation and Public Deception
The court noted that the operators and administrators of these groups and channels have not been authorized by the Plaintiff to provide any financial services or advice. By misrepresenting themselves to the public, they have engaged in illegitimate and fraudulent activities designed to deceive unsuspecting consumers into investing substantial sums of money. This fraudulent scheme not only poses a significant risk to public interest but also tarnishes the reputation of the Federated Hermes brand.
Impact on Public and Plaintiff's Reputation
The court acknowledged the detrimental impact of Defendant No. 1’s actions on both the public and the Plaintiff. Consumers, initially attracted by the use of the Federated Hermes trademarks, are likely to associate any financial harm they suffer with the Plaintiff, thereby damaging the Plaintiff’s standing in the market. The court emphasized that such deceptive practices could lead to substantial financial losses for consumers and irreparable harm to the Plaintiff’s reputation.
Court's Ruling
Given the strong prima facie case presented by the Plaintiff and the significant public interest involved, the court concluded that an ex-parte ad-interim injunction was necessary to prevent further harm. The court’s order aims to halt the fraudulent activities of Defendant No. 1 immediately, thereby protecting consumers from potential financial exploitation and safeguarding the integrity of the Federated Hermes trademarks.
Conclusion
This ruling underscores the court’s commitment to protecting both consumers and businesses from fraudulent schemes that exploit well-known trademarks. By granting the ex-parte ad-interim injunction, the court has taken a critical step in curbing deceptive practices and maintaining public trust in reputable brands. The case highlights the importance of vigilance and swift legal action in combating trademark misuse and consumer fraud.
Case Title: Federated Hermes Limited Vs John Doe and another
Judgement/Order Date: 28.05.2024
Case No. CS Comm 454 of 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.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
