Delhi High Court Passes John Doe Order To Protect Trademark, Artistic Works Of Fashion Designer Rahul Mishra

The Delhi High Court has passed a john doe order in order to protect the copyright in the original artistic work as well as trademark registered in favour of Indian fashion designer Rahul Mishra.

Justice Amit Bansal restrained the sale, manufacturing and advertising counterfeit dresses and outfits, replicas of Mishra's designs, under the registered trademark “Rahul Mishra”, in any manner including internet and e-commerce platforms.

The Court passed ad interim ex parte injunction order in favour of Mishra in his suit against john doe- unknown individuals, engaged in selling counterfeit dresses through website 'www.rahudress.com' at low discount prices.

It was Mishra's case that the defendants had copied identical images or photographs and posted by them on the impugned website, stating it to be that of Rahul Mishra brand.

It was contended that the defendants were offering to sell the counterfeit dresses at a meagre price, resulting in copyright infringement of the original artistic work in the photographs as well as of the designs of the dresses which were capable of being registered under the Designs Act, 2000.

The Court noted that Mishra was the registered proprietor of trademark “Rahul Mishra” and is also the owner of copyright in the original artistic works and also the copyright in the designs of the dresses under the Copyright Act, 1957.

“This court therefore is of the opinion that the plaintiffs have been able to make out a prima facie case for grant of an ex-parte ad-interim injunction, which is also a dynamic injunction. The balance of convenience lies in favour of the plaintiffs and against the defendants. Irreparable injury shall be caused to the plaintiffs if the interim injunction is not granted,” the Court said.

It further directed the DNR to immediately lock and suspend the domain name ' www.rahudress.com' and maintain the status quo.

“The defendant no.2 shall also disclose to the plaintiffs, complete details (such as: Name, Address, Email Address, Phone Number, IP Address etc.) of the defendant no.1 as available with it,” the Court said.

The matter will now be heard on April 07.

Title: RAHUL MISHRA & ANR. v. JOHN DOE & ANR

Click here to read order