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Delhi HC directs blocking of 50 rogue websites infringing Snapdeal trademark; issues dynamic injunction

The Court has granted liberty to Snapdeal to approach it to array other rogue website(s) who are carrying on similar illegal activities, as and when the same comes to its notice.

Aditi Singh

The Delhi High Court has granted an injunction in favour of e-commerce company Snapdeal in relation to fifty rogue websites that are infringing its registered trademark. (Snapdeal Pvt Ltd vs Snapdealluckydraws.org.in & Ors)

The Court has also granted it liberty to approach it to array other rogue website(s) who are carrying on similar illegal activities, as and when the same comes to its notice.

The order was passed by a single Judge Bench of Justice Rajiv Shakdher.

Snapdeal had filed a suit before the Court after discovering that as many as 50 websites, such as SNAPDEALLUCKY – DRAWS.ORG.IN, were inter alia degrading its goodwill and infringing its registered trademark.

These rogue websites offered fraudulent prize schemes, lotteries and luck draws in a manner which tend to portray that they either emanated from Snapdeal or were connected with it.

Snapdeal contended that these websites were not only damaging its commercial and statutory interests but would also end up defrauding gullible customers by having them erroneously believe that that the websites were connected with Snapdeal.

Apart from the 50 named webitses, John Doe was also made a defendant to the suit to represent all those whose particulars were not known as yet but were carrying on a similar illegal activity.

In view of the submissions made by Snapdeal, the Court opined that a prima facie case had been made out in its favour and that the balance of convenience is also tilted to its side.

Continuation of such like schemes would jeopardise not only the plaintiff’s interest but also of the public at large, the Court said.

The Court thus ordered,

Accordingly, defendant nos. 1 to 50 are injuncted from carrying on their activities either under the plaintiff’s trademark or any other trademark which is deceptively similar to the plaintiff’s trademark.
Delhi High Court

The Court has directed the authorities concerned to issue notification(s) to the Internet Service Providers to block access to the 50 rogue websites.

On the request made by Snapdeal to array such like rogue websites in case information is received hereafter qua them without having to file a fresh action, the Court ordered,

Having regard to the enormity of the damage caused by such like schemes by rogue websites, I am inclined to grant such liberty..leave is given to the plaintiff to approach this Court to array other rogue website(s) who carry on similar activities, albeit illegally, as and when the same comes to its notice.
Delhi High Court

Advocate Shwetasree Majumder appeared for Snapdeal.

Read the Order:

Snapdeal Pvt. Ltd. v. Snapdealluckdraws.org.in & Ors dated 20.07.2020.pdf
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