Showing posts with label Reliance Retail Limited Vs. Ashok Kumar. Show all posts
Showing posts with label Reliance Retail Limited Vs. Ashok Kumar. Show all posts

Thursday, July 10, 2025

Reliance Retail Limited Vs. Ashok Kumar

Case Title: Reliance Retail Limited Vs. Ashok Kumar :Date of Order: 07 July 2025:Case Number: CS(COMM) 647/2025:Court: High Court of Delhi:Judge: Hon'ble Mr. Justice Saurabh Banerjee

Reliance Retail Limited, part of Reliance Industries Ltd., approached the Delhi High Court seeking urgent ex parte relief to curb large-scale fraudulent activities being conducted using its registered trademark “Tira” and variants thereof. The company alleged that unknown entities (Defendant No. 1), by impersonating its representatives through mobile and WhatsApp communications, were deceiving consumers into making online payments via UPI and QR codes for fictitious products and services. The fraud was being perpetrated using the plaintiff’s name and marks to lend credibility to these transactions, often citing fabricated gift cards, false cancellations, and fake payment failures.

The plaintiff highlighted that it launched the “Tira” brand in April 2023 in the beauty and personal care sector and had since acquired significant goodwill. Trademark registrations existed for “Tira” and its variants across multiple classes under the Trade Marks Act, 1999. Complaints were pouring in nationwide, with over 8,900 cases reported in just two months—666 of them from Delhi alone—indicating organized and widespread consumer deception causing financial losses exceeding ₹41 lakhs.

The procedural history reflects that the Court exempted the plaintiff from pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 and granted other procedural exemptions given the urgency and public interest involved. Reliance Retail also impleaded telecom companies (Defendants 2–4), WhatsApp (Defendant 5), NPCI (Defendant 6), and relevant Government Ministries (Defendants 7 and 8) for effective execution of any future injunctions and to identify the persons behind the fraudulent mobile numbers and UPI accounts.

Upon examining the pleadings, documents, and urgency of the matter, the Court found prima facie evidence of impersonation, misrepresentation, and misuse of the plaintiff’s trademarks. It observed that Defendant No. 1's activities were deliberate, calculated, and harmful to both the plaintiff and the general public.

The Court, therefore, granted an ex parte ad interim injunction restraining Defendant No. 1 and all related persons from using “Tira” or any deceptive variants. Further, it directed telecom operators to block and disclose details of the rogue numbers, WhatsApp to suspend related accounts and disclose user information, and NPCI to freeze and disclose information about UPI and QR code holders involved. It also directed all defendants to act similarly for any future rogue entities identified by the plaintiff.

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