"Causing Financial Loss To Public": Delhi High Court Restrains Rogue Websites From Using "Amazon" Trademark
The Delhi High Court has granted ex parte ad interim injunction in favour of online marketplace Amazon by restraining various vogue websites from using its trademark 'AMAZON'.Justice Jyoti Singh restrained websites namely https://amazonbuys.com, its Facebook page by the name of Amazon Franchise' and https://estoreamazon.in. The Court was dealing with a suit filed by Amazon Sellers...
The Delhi High Court has granted ex parte ad interim injunction in favour of online marketplace Amazon by restraining various vogue websites from using its trademark 'AMAZON'.
Justice Jyoti Singh restrained websites namely https://amazonbuys.com, its Facebook page by the name of Amazon Franchise' and https://estoreamazon.in.
The Court was dealing with a suit filed by Amazon Sellers Services Private Limited and its affiliate arguing that its copyright subsisted in its Website and Domain Name i.e., amazon.in as well as in the overall 'look and feel' of the website 'www.amazon.in'.
It was argued that the rogue Defendants were defrauding innocent members of the public by requiring them to pay a fee towards registration as an 'Amazon Easy Store'. Amazon Easy is a program introduced by plaintiffs that allows interested parties to set up an 'Amazon Easy Store' by getting in touch with Amazon Easy marketing partners.
It was averred that the Rogue Defendants had engaged in a pre-planned conspiracy to defraud and dupe innocent members of the public by unauthorizedly and illegally using Amazon's Marks, either on the rogue websites and social media pages operated by them and were blatantly reproducing Amazon's Website Content as well as adopting a look and feel that was identical to the website 'www.amazon.in'.
It was averred that the Rogue Defendants had engaged in infringing and deceptive activities to de-fraud innocent members of the public who were interested in registering as an 'Amazon Easy Store'.
It was submitted that due to the very nature of the Internet, the Rogue Websites were accessible all across the world, including, in India, i.e., within the territorial jurisdiction of High Court and therefore any such use by them amounted to infringement of the exclusive rights owned by Amazon within the purview of the Trademarks Act, 1999.
The Court perused the documents on record including the home page of Amazon highlighting the copying of its website by the Rogue Defendants, their websites using the address of Amazon, screenshot of the e-mails received from one of the complainant.
"Having heard the learned counsel for the Plaintiffs, this Court is of the view that Plaintiffs 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," the Court observed.
Accordingly, the Court restrained the defendants from using the mark "AMAZON", "Amazon.in" etc. in any manner which may amount to infringement of Plaintiffs' trademarks, till the next date of hearing.
The Court also directed suspension of fake accounts of Rogue Defendants on Facebook and Instagram.
It also directed the Ministry of Department of Telecommunications and Ministry of Electronics and Information Technology to issue notifications calling upon various internet and telecom service providers registered under it to block access to the Rogue Defendants identified by the Plaintiffs in the plaint.
Case Title: AMAZON SELLER SERVICES PRIVATE LIMITED & ANR. v. AMAZONBUYS.IN & ORS.
Citation: 2022 LiveLaw (Del) 580