2024 (1) TMI 1317 - HC - Indian Laws

Seeking restrain orders against the defendants from, and/or in any way, infringing the plaintiff s copyright and the acts of passing off - HELD THAT - The Plaintiff is the registered owner of the domain name https //www.utiitsl.com in India, which specifically caters to Indian citizens. The marks and the Label prominently features on it s website, which sets out all the details of the Plaintiff, as also the services offered by it. The website is interactive in nature and can be accessed by people from all over India and across the globe. Apart from the said website, the Plaintiff is the owner of several other domain names worldwide and it also provide services from its mobile application, social media (including Facebook, Twitter, etc.), email, video conferencing, chat, etc. On being convinced that the conduct of the defendants in indulging such an act is illegal, in the wake of the statutory rights under Common Law earned by the plaintiff, and they being infringed/violated and compromised by such dubious websites, as there are unknown persons/entities engaged in fraudulent activity of imitating the applicant and it s marks, such defendants and all parties known or unknown, deserve to be restrained from infringing the plaintiff s/applicant s copyright in the label and passing off the marks, as the rights vests in the plaintiff in rem, being the copyright holder thereof. Without a proper licence issued either by the applicant or the ITD, no person is entitled to benefit from it s rights, which exclusively belong to the plaintiff/applicant. 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. List the Application for further consideration on 20/2/2024.

Issues Involved:
1. Infringement of Plaintiff's Copyright and Passing Off.
2. Unauthorized Use of Plaintiff's Marks and Label.
3. Misrepresentation and Fraudulent Collection of Data.
4. National Importance and Potential Misuse of PAN Services.
5. Urgent Ad-Interim Orders Against Unknown Defendants.
6. Reliefs Sought by Plaintiff.

Detailed Analysis:

1. Infringement of Plaintiff's Copyright and Passing Off:
The plaintiff seeks a permanent injunction and restraint order against the defendants from infringing its copyrights and acts of passing off in the marks "UTI"/"UTI Infrastructure Technology and Services Limited"/"UTI ITSL"/"UTI PAN"/"UTIITSL" ("marks"), subsisting in the Plaintiff's label ("Label"). The defendants are accused of unauthorized use of the Plaintiff's Label and marks in an almost identical/deceptively similar artistic style/manner, misrepresenting themselves as authorized service providers of the plaintiff.

2. Unauthorized Use of Plaintiff's Marks and Label:
The plaintiff claims that defendants nos. 1 to 4 are unauthorizedly using its marks and Label on their websites, misrepresenting to the public that they are authorized to provide PAN-related services on behalf of the Plaintiff. Defendant No. 14 (John Doe) represents unknown defendants who are also engaged in similar unauthorized activities. The plaintiff has been using the Label since 2019 and claims ownership of the marks and Label, which are nationally and internationally renowned.

3. Misrepresentation and Fraudulent Collection of Data:
The defendants are accused of fraudulently collecting personal and confidential data from the public and issuing fake PAN cards. The plaintiff argues that such activities are highly detrimental to its interests and the national interest, as PAN is a critical identifier for financial transactions and tax purposes. The plaintiff's marks and Label have been extensively advertised and have accrued common law rights due to their continuous use.

4. National Importance and Potential Misuse of PAN Services:
The PAN system is of paramount importance on a national scale due to its impact on governance, taxation, and financial integrity. Any misuse of the authorization to issue PAN cards would be highly detrimental to both the plaintiff and national interest. The plaintiff emphasizes the need for proactive orders to protect its mark and label to prevent substantial monetary loss and loss of reputation.

5. Urgent Ad-Interim Orders Against Unknown Defendants:
The plaintiff seeks urgent ad-interim orders against unknown defendants (Defendant No. 14) whose addresses are unknown, to prevent them from providing unauthorized services and using the plaintiff's marks and Label. The plaintiff argues that it is impossible to monitor all such entities, and different domain names are floated from time to time to perpetuate fraud.

6. Reliefs Sought by Plaintiff:
The plaintiff is entitled to the following reliefs:
- A temporary order and injunction restraining the defendants from infringing the plaintiff's exclusive copyright in its Label and passing off its websites/domain/business as that of the plaintiff.
- Directing Defendant Nos. 5 to 13 to remove/delete/take down/disable unauthorized domains and websites identified by the plaintiff.
- An order directing concerned police stations/Cyber Crime Departments to assist in executing the ad-interim/interim order.

Additionally, the Registrars (Defendant Nos. 5 to 13) are empowered to direct entities to remove/delete the use of the plaintiff's name and label if found offending/unauthorized. The application is listed for further consideration on 20/2/2024, and the ex-parte ad-interim relief shall continue to operate until then.

Conclusion:
The judgment addresses the critical issues of copyright infringement, unauthorized use of marks, misrepresentation, and the national importance of PAN services. The court has granted ad-interim relief to the plaintiff, restraining the defendants from infringing the plaintiff's rights and ordered the removal of unauthorized domains and websites. The matter is scheduled for further consideration, with the ex-parte ad-interim relief continuing until then.

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