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The suit was filed after Indiamart discovered that one Akash Verma was using its website to dupe the innocent customers by asking them to deposit security money ranging from Rs 20,000 to Rs 30,000.
The Delhi High Court has directed email service provider, Google LLC and telecom company, Vodafone Idea to disclose the identity of a user who was using their services to cheat innocent gullible customers in the name of Indiamart. (Indiamart Indiamesh Ltd vs Akash Verma)
The order was passed by a single Judge Bench of Mukta Gupta.
The Plaintiff, Indiamart, has filed a suit against the Defendant, one Akash Verma, seeking a permanent injunction to restrain him from violating the rights of the plaintiff in the mark/name/logo/device of INDIAMART.
The Plaintiff runs its 'Business to Business' platform through its web portal www.indiamart.com and mobile application.
As per the Plaintiff, it came to know from the members of the public about the "illegal and fraudulent" use of its name/trademark/logo/trade dress by a third party.
Th Plaintiff was informed that one Akash Verma i.e the Defendant was using its website to dupe the innocent customers by asking them to deposit security money ranging from Rs 20,000 to Rs 30,000.
Claiming to be an employee of the Plaintiff by using fake ID card etc, the Defendant sent emails to the various parties, soliciting allotment of dealerships.
The Plaintiff conceded before the Court that the exact addresses and details of the Defendant were not known and the identity, as revealed through the email addresses, appeared to be fictitious.
The particulars of the email address and phone numbers with the Plaintiff were nonetheless placed before the Court.
Considering the averments made before it, the Court opined that it was evident that it was not only a case of cheating the Plaintiff but also the innocent gullible customers.
It was thus necessary to pass an ex parte ad-interim injunction in favour of the Plaintiff and against the Defendant, the Court stated.
The Court further directed Google and telecom company, Vodafone Idea to disclose the identity of the user of the email address and phone numbers, respectively, provided by the Plaintiff.
In case any complaint is filed by the Plaintiff, the Court has directed the Delhi Police, Cyber Crime Cell to enquire into the matter and submit a report before the next date of hearing.
Summons in the suit were also issued by the Court. The matter would be heard next on July 29.
The Plaintiff was represented by Advocate Saikrishna Rajagopal with Advocates Sidharth Chopra, Nitin Sharma, Sumant Narang, Ranjeet Singh Sindhu, Sohrab Singh Mann.
Read the Order: