'National Level Threat': Bombay HC Passes Ex-Parte Order Against “Fake” PAN Card Websites Operating As Agents Of Govt Owned UTI Infra Tech
The Bombay High Court has passed an ex-parte interim injunction against known and unknown entities allegedly operating fake websites that purport to provide PAN card services on behalf of government owned UTI Infrastructure Technology and Services Limited (UTIITSL).The court noted the "national importance" of PAN services and said any potential misuse of the authorization would be...
The Bombay High Court has passed an ex-parte interim injunction against known and unknown entities allegedly operating fake websites that purport to provide PAN card services on behalf of government owned UTI Infrastructure Technology and Services Limited (UTIITSL).
The court noted the "national importance" of PAN services and said any potential misuse of the authorization would be "highly detrimental" to UTIITSL and the national interest. It accepted UTIITSL's contention that unknown entities were infringing its copyright in the PAN card label and passing off its trademarks by masquerading as authorized agents.
“On consideration of the necessary information provided in the Interim Application, the plaintiff/applicant deserves an ad-interim ex-parte order even without service, as it is impossible to track all the defendants and effect service upon them, and with the fake websites being continued to be active, it would cause irreparable damage and severe compromise of valuable confidential data of the plaintiff and also pose a threat at a national level,” the court observed.
The order was passed by Justice Bharati Dangre on an interim application filed by UTIITSL in a copyright infringement and passing off suit against four identified defendants.
UTIITSL claimed it is exclusively authorized by the Income Tax Department for processing the PAN and PAN related services like issuance of documents such as Aadhar Card, Voter ID, driving license, etc since 2003.
It further argued the PAN cards and all other PAN related services offered by any entity other than themselves and Protean eGov Technologies Limited (earlier known as NSDL eGov), which has not been authorized by these entities, are dubious.
UTIITSL's counsel Rashmin Khandekar submitted that the company has an IT System to detect and investigate such fake websites on the internet.
Thousands of websites may be unauthorizedly representing to the public at large, that they are authorised service agents of UTIITSL. Such websites can be easily accessed through internet in India and/or outside India, by any member of the public, it was submitted.
The plaintiff claimed it had reason to believe such unauthorized domain/websites hosts may also be also printing and issuing fake PAN cards, by deceitfully collecting their personal and confidential data and misleading them into making payments and fabricating public documents.
Justice Dangre agreed the conduct was "illegal" and the unknown entities behind such websites "deserve to be restrained" as UTIITSL's copyright and trademark rights "exclusively belong" to it. She noted it was impossible to identify and serve all potential defendants.
The interim order restrains known/unknown defendants from infringing UTIITSL's copyright in the PAN card label, passing off the UTIITSL trademarks and misleading the public into believing they are authorized PAN service agents.
Domain registrars have been directed to remove/disable any identified fake websites. Police authorities have been directed to assist with enforcing the order. The matter has been posted for further hearing on February 20.
The defendants accused of infringement include Extra Tech World, Vle Bazaar Private Limited, VleBazaar, CoDesk Venture Private Limited/CoDesk Venture.
Defendants 5-13 are registrars who in their usual course of business grant domain name registrations to the general public. They include GoDaddy.com LLC, GoDaddy India Web Services Private Limited, Domainshype.com LLC,Csc E-governance Services India Limited, Hostinger Operations, UAB Vilnius, Lithuania, Own Web Solution Private Limited, Endurance Digital Domain Technology LLP, Hosting Concepts BV, Hosting Concepts Private Limited and other unknown entities.
Appearances - Advocates Rashmin Khandekar, Anand Mohan with Vijay Purohit & Pratik Jhaveri i/b P & Law Offices for the applicant
Adv Geetanjali Visvanathan for respondent nos.12 and 13.