The Delhi High Court has restrained several rogue websites from using the trademark of the online marketplace Amazon and its logos or any deceptive variant which is identical to the original mark, noting that the activities of these sites are leading to financial loss to the innocent public.
The high court said it was of the view that the plaintiffs, Amazon Seller Services Private Limited and its other companies have made out a prima facie case for grant of ex parte ad-interim injunction.
“Balance of convenience lies in favour of the plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted. Additionally, the activities of the rogue defendants are leading to a financial loss to the innocent and unsuspecting members of the public,” Justice Jyoti Singh said.
The high court restrained rogue websites -- ‘https://amazonbuys.com’, its Facebook page by the name of ‘Amazon Franchise’ and https://estoreamazon.in -- their owners and all others acting on their behalf or anyone from using the mark ‘Amazon’, ‘Amazon.in’ or any deceptive variants which is similar to the plaintiffs’ Amazon marks, in any manner, amounting to infringement of its trademarks, till the next date of hearing.
It also directed the Department of Telecommunication and Ministry of Electronics and Information Technology to issue notifications calling upon the various internet and telecom service providers registered under it to block access to the various websites or rogue defendants identified by the plaintiffs.
The high court’s interim order came while hearing a suit filed by Amazon Sellers Services Private Limited and its affiliates, submitting that the rogue defendants have engaged in a pre-planned conspiracy to defraud and dupe innocent people by unauthorisedly and illegally using the plaintiffs’ marks, on the rogue websites and social media pages operated by them or as part of the domain name registered by them.
Amazon submitted that the rogue defendants are blatantly reproducing the plaintiffs’ website content and adopting a look and feel that is identical to their original website ‘www.amazon.in’ and they have engaged in these infringing and deceptive activities to defraud innocent people who are interested in registering as an ‘Amazon Easy Store’.
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