Delhi High Court retains rogue websites from using Amazon's trademark and logo
"the activities of the Rogue Defendants are leading to a financial loss to the innocent and unsuspecting members of the public" as noted by the Court.
The Delhi High Court recently restrained several rogue websites from using the trademark Amazon or its logos or any deceptive variant which would lead to financial losses to the public.
It was stated that the rogue websites and their social media accounts were created to defraud the innocents and make them pay for registration fees at 'Amazon Easy.' The fake website was created by the defendant wherein the interested parties would be required to register for an Amazon Easy Story and get in touch with the Amazon Easy Marketing team.
The single-judge bench of Justice Jyoti Singh observed that this was a pre-planned conspiracy to defraud and use innocent members of the public.
It was noted by the Court, "It is averred that the Rogue Defendants have engaged in these infringing and deceptive activities to defraud innocent members of the public who are interested in registering as an 'Amazon Easy Store'"
It was further observed that the rogue websites reproduced the contents posted by Amazon and also adopted the look and feel of the original website.
"It is averred that the Rogue Defendants reach out to innocent and gullible members of the public who are interested in registering as an 'Amazon Easy Store' and swindle money from them on the pretext that such monies are being collected as part of the registration process for setting up an 'Amazon Easy Store'. The Rogue Defendants are attempting to lure unsuspecting members under the false pretext of offering to register them as an 'Amazon Easy Store', in the name of the Plaintiffs"
By virtue of the long and continuous use of the Plaintiff's trademarks and in the light of the observations made, the Court restrained the Defendant from using the marks AMAZON, AMAZON.in, or in any other manner until the next hearing.
Additionally, the Court also directed to suspend fake Facebook and Instagram accounts of the rogue Defendants.
Ministry of Department of Telecommunications and Ministry of Electronics and Information Technology (MEITY) is directed to issue notifications calling upon the various internet and telecom service providers registered under it to block access to the various websites/Rogue Defendants identified by the Plaintiffs in the plaint.