Delhi High Court Orders Suspension Of Domain Name, Blocking Of Website 'My Voltas Care' In Trademark Infringement Suit By 'Voltas'
The Delhi High Court has ordered suspension of the domain name as well as blocking access to the website www.myvoltascare.com in a trademark infringement suit filed by home appliance company- Voltas.A vacation bench comprising of Justice Dinesh Kumar Sharma restrained owner of the website from using the registered and well-known trademark VOLTAS and its logo including the Website or listings...
The Delhi High Court has ordered suspension of the domain name as well as blocking access to the website www.myvoltascare.com in a trademark infringement suit filed by home appliance company- Voltas.
A vacation bench comprising of Justice Dinesh Kumar Sharma restrained owner of the website from using the registered and well-known trademark VOLTAS and its logo including the Website or listings on social media websites or e-commerce sites.
The Court was dealing with a suit filed by Voltas Limited seeking permanent injunction restraining one Ashok Kumar from infringing its registered trademark through the website www.myvoltascare.com.
It was the case of the plaintiff that it had been continuously and consistently using the trademark and trade name VOLTAS since 1954 which was a coined mark possessing the distinctiveness of an invented word, for its own business activities.
It was alleged that the Ashok Kumar had copied identically the entire look, feel, colour scheme, photographs of the Plaintiff‟s website and therefore, the he was intentionally and dishonestly defrauding customers by projecting itself to be Voltas.
It was Voltas' case that they had got an investigation conducted in the matter which confirmed their allegations. It was submitted that Voltas also received various complaints from the customers.
The Court was thus of the view that Voltas had a good prime facie case in its favour and that the activities of Kumar was causing irreparable loss and injury to Voltas.
Observing that the balance of the convenience was in favour of Voltas, the Court ordered thus:
"The defendant No.2 is also directed to lock/block/suspend the domain name www.myvoltascare.com. The defendant No.3 and 4 are directed to block access to as well as disable the website www.myvoltascare.com."
The Court directed Voltas to comply with the provision under Order XXXIX Rule 3 Code of Civil Procedure.
Case Title: VOLTAS LIMITED v. ASHOK KUMAR & ORS.
Citation: 2022 LiveLaw (Del) 595