WhiteHat Jr vs Whitehat SR: Delhi High Court Orders Suspension Of Digital Marketing Website In Byju's-owned Platform's Trademark Suit
The Delhi High Court has restrained a digital marketing service provider from using the mark 'Whitehat Sr' after Byju's-owned WhiteHat Jr accused it of infringement of trademarks and passing off.Granting an interim injunction in favour of WhiteHat Jr, Justice Amit Bansal directed that the access and operation of the website www.whitehatsr.in be suspended and the domain name be taken down....
The Delhi High Court has restrained a digital marketing service provider from using the mark 'Whitehat Sr' after Byju's-owned WhiteHat Jr accused it of infringement of trademarks and passing off.
Granting an interim injunction in favour of WhiteHat Jr, Justice Amit Bansal directed that the access and operation of the website www.whitehatsr.in be suspended and the domain name be taken down.
The court was hearing a suit filed by Whitehat Education Technology Private Limited against Vinay Kumar Singh, the owner of the impugned website.
WhiteHat Jr told the court that it has trademark registrations of the mark "WhiteHat Jr" as well as other derivatives and also holds the domain name "whitehatjr.com", which was registered on May 23, 2018.
As per the plaintiff, the mark "WhiteHat Jr" has acquired the status of "well known" trademark owing to the exclusive and extensive use of the company's trademarks.
WhiteHat Jr told the court that a legal notice was sent by it to the defendant, in response to which Singh acknowledged the plaintiff's intellectual property rights in the mark "WhiteHat Jr".
According to WhiteHat Jr, Singh claimed that the impugned marks are different from its marks and that he was using them for different services i.e. consultancy services.
Comparing the marks as well as the domain name of both the parties, Justice Bansal observed that the marks being used by Singh are "deceptively similar" to those of Whitehat Education Technology Private Limited.
"The replacement of the suffix "Sr" in 'WhiteHat Jr' would not result in a material difference so as to distinguish the marks of the defendant from those of the plaintiffs. In the prima facie opinion of the Court, the consumers will be misled that the defendant is in some manner associated/affiliated with the plaintiff or the services are connected to that of the plaintiff," the court said.
The court added that a prima facie case has been made out on behalf of the plaintiff, adding that the balance of convenience lies in favour of WhiteHat Jr and against Singh.
"Irreparable harm and injury would be caused to the goodwill and reputation of the plaintiff if the defendant is continued to use the impugned marks," the court said, while listing the matter for hearing next on March 21, 2023.
The court also directed the defendant to take down all social media pages.
Advocates Swetasree Majumdar, Prithvi Singh, Rohan Krishna Seth and Archita Nigam appeared for the plaintiff.
Title: WHITEHAT EDUCATION TECHNOLOGY PRIVATE LIMITED v. VINAY KUMAR SINGH