Facts: Plaintiffs, engaged in providing financial services under registered trademarks “INDmoney” and “INDstocks”, alleged that Defendant No. 1, whose true identity was unknown and described as “Ashok Kumar”, was infringing their trademarks and copyrights by operating rogue websites, fake mobile apps, and fraudulent social media groups. Defendant No. 1 impersonated the plaintiffs’ founder and other reputed individuals, luring the public into fraudulent investment schemes, and collected funds through multiple bank accounts.
Procedural Background: Plaintiffs filed a commercial suit seeking permanent injunction for trademark infringement, passing off, and copyright infringement, along with interim relief. Several domain registrars, social media platforms, app stores, telecom authorities, and banks were arrayed as pro forma defendants to aid in blocking infringing content and tracing the perpetrators. Plaintiffs also sought exemption from pre-institution mediation and leave to file additional documents.
Core Dispute: Whether the plaintiffs were entitled to urgent interim injunctions restraining Defendant No. 1 and associated entities from infringing their intellectual property, misrepresenting association with plaintiffs, and defrauding the public.
Decision: The Court found prima facie case in plaintiffs’ favour, holding that Defendant No. 1’s acts infringed plaintiffs’ trademarks and copyrights and caused irreparable harm. Interim directions were issued restraining Defendant No. 1 from using plaintiffs’ marks or copyrighted content, ordering blocking/suspension of rogue domains, mobile apps, WhatsApp/Telegram groups, and freezing related bank accounts. Directions were also issued to concerned authorities for disclosure of details and status reports from cyber police.
