Dabur India Limited v. Ashok Kumar and Ors.

VERSUS

AMAZONBUYS.IN & ORS...... Defendants Through: Mr. Sharique Hussain, Advocate for D-5. (M:9540535859). 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Ms. Mrinal Ojha, Mr. Debarshi Dutta & Mr. Aayush Kevlani, Advocates for D-8 (M-9167094381) Ms. Deepika Kathuria, Adv. for D-10. Mr. Vineet Dhanda, CGSC with Mr. Abhishek Singh, Advocate for UOI/D-18 & 19. Mr. M.K. Singh, Advocate for Mr. Samir Chugh, Advocate for Airtel. (40) WITH + CS (COMM) 475/2022 & I.As. 10851-52/2022, 12173-74/2022 FASHNEAR TECHNOLOGIES PRIVATE LIMITED..... Plaintiff Through: Mr. Sidharth Chopra, Mr. Nitin Sharma, Mr. Yatin Garg, Mr. Ranjeet Singh, Mr. Vivek Ayyagari, Mr. Angad Makkar, Mr. M. J. Sudarshan, Ms. Ramya Aggarwal and Mr. Sohrab Mann, Advocates.

VERSUS

MEESHO ONLINE SHOPPING PVT. LTD & ANR...... Defendants Through: Ms. Hetu Arora Sethi, ASC, Delhi Police with Mr. Arjun Arora, Advocate along with Mr. Raman Lamba, ACP, IFSO, Special Cell and Mr. Suneel Sidhir, Inspector. Mr. Vihan Dang, Ms. Aditi Umapathy and Mr. Parva Khare, Advocates for D-10. Mr. Darpan Wadhwa, Sr. Advocate with Mr. Alipak Banerjee, Mr. Brijesh Ujjainwal & Ms. Shweta Sahu, Advocate for D-7. Mr. Anurag Ahluwalia, CGSC with Mr. Abhigyan Siddhant and Mr. Danish Faraz Khan, Advocates for D- 19 & 20. (M:9999999045) Mr. K.R. Sasiprabhu and Mr. Tushar 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Bhardwaj, Advs for Reliance Jio. (29) WITH + CS (COMM) 95/2021 & I.A. 4800/2021 THE HIMALAYA DRUG COMPANY & ORS...... Plaintiffs Through: Mr. Pravin Anand, Ms. Prachi Agarwal and Ms. Ms. Ridhie Bajaj, Advocates. (M:8800972785)

VERSUS

ASHOK KUMAR & ORS...... Defendants Through: Mr. Tushar Singh & Ms. Trisha Patnaik, Advocates for D-25. Mr. Surinder Singh, Advocate for D- 29 (M-9311325398) (30) WITH + CS (COMM) 154/2021 & I.A. 4692/2021, 10905/2022 GODREJ PROPERTIES LTD..... Plaintiff Through: Mr. Pravin Anand, Mr. Vibhav Mithal and Mr. Achyut Tiwari, Advocates. (M:8447458389)

VERSUS

ASHOK KUMAR & ANR...... Defendants Through: Mr. Darpan Wadhwa, Sr. Advocate with, Mr. Alipak Banerjee, Mr. Brijesh Ujjainwal & Ms. Shweta Sahu, Advocates for D-2. (M:9987115749) (31) WITH + CS (COMM) 276/2021 & I.A. 7329/2021 MICROSOFT CORPORATION & ANR...... Plaintiffs Through: Mr. Pravin Anand, Mr. Saif Khan, Mr. Shantanu Sahay, Ms. Imon Roy and Mr. Apoorv Bansal, Advocates.

VERSUS

TECH HERACLES OPC PRIVATE LIMITED & ORS...... Defendants Through: None. (32) WITH + CS (COMM) 293/2021 & I.As. 7543-44/2021, 10308/2021, 2022:DHC:3662 CS (COMM) 135/2022 & connected matters 15052/2021 TATA SONS PRIVATE LIMITED & ANR...... Plaintiffs Through: Mr. Pravin Anand, Mr. Saif Khan Mr. Achuthan Sreekumar & Mr. Rohil Bansal Advocates. (M:9079965359)

VERSUS

M/S ELECTRO INTERNATIONAL & ORS...... Defendants Through: Mr. M.K. Singh, Advocate for Mr. Samir Chugh, Advocates for Airtel (M-9810455716) Ms. Deepika Kathuria, Advocate for D-8. (33) WITH + CS (COMM) 399/2021 & I.A. 10855/2021 HINDUSTAN UNILEVER LIMITED..... Plaintiff Through: Mr. Sidharth Chopra, Mr. Nitin Sharma, Mr. Yatin Garg, Mr. Ranjeet Singh, Mr. Vivek Ayyagari, Mr. Angad Makkar, Mr. M. J. Sudarshan, Ms. Ramya Aggarwal and Mr. Sohrab Mann, Advocates.

VERSUS

NITIN KUMAR SINGH & ORS...... Defendants Through: Mr. Ankur Prakash, Ms. Simran Gill, Mr. Yudhishthir Bhardwaj, Mr. Dhananjay, Mr. Amod Bidhuri & Mr. Saquib Siddiqui, Advocates for D-1 Mr. Bbhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Advocate for UOI/D-18 & 19. Mr. K.K. Singh, Advocate for D-27. Mr. K.R. Sasiprabhu and Mr. Tushar Bhardwaj, Advs for Reliance Jio. (34) WITH + CS (COMM) 524/2021 & I.A. 13715/2021, 4506/2022 KAMDHENU LIMITED..... Plaintiff Through: Mr. Nikhil Sonker, Advocate. 2022:DHC:3662 CS (COMM) 135/2022 & connected matters (M:7726021194)

VERSUS

RAGHUNATH VIRDHARAM BISHNOI AND ORS..... Defendants Through: Mr. Rishabh Gupta and Mr. Abhishek Kumar Singh, Advocates. Mr. Rishi Kapoor and Mr. Satish Rai, Advocates for D-3. (M:8368148214) Ms. Shweta Sahu and Mr. Alipak Banjerjee & Mr. Brijesh Ujjainwal, Advocates for D-8. (M:9987115749) Mr. K.G. Gopalakrishnan and Ms. Nisha Mohandas, Advocates for D-9. (M:8800556341) Mr. Vihan Dang, Ms. Aditi Umapathy and Mr. Parva Khare, Advocates for D-10 (M-99101983636) Mr. K.R. Sasiprabhu and Mr. Tushar Bhardwaj, Advs. for Reliance Jio. (22) WITH + CS (COMM) 82/2020 & I.A. 2402/2020 JOCKEY INTERNATIONAL INC...... Plaintiff Through: Mr. Pravin Anand, Mr. Saif Khan, Mr. Shobhit Agarwal and Mr. Deepank, Advs. (M:880052025[8])

VERSUS

WWW.JOCKEYFRANCHISE.COM & ORS...... Defendants Through: Mr. Vivek Jain and Ms. Aastha Tiwari, Advs for D-4. (M:9871863446) (24) WITH + CS (COMM) 251/2020 & I.As. 5544/2020, 7655/2022 MICROSOFT CORPORATION & ANR...... Plaintiffs Through: Mr. Pravin Anand, Mr. Saif Khan, Mr. Shantanu Sahay, Ms. Imon Roy and Mr. Apoorv Bansal, Advocates.

VERSUS

MS CZONE SOLUTIONS & ORS...... Defendants Through: Mr. Sumit Nagpal, Ms. Nancy, Ms. 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Dolly Luthra and Ms. Aastha Sood, Advocates for D-1 & 2. (M:9911995000) (25) WITH + CS (COMM) 255/2020 & I.As. 5590-91/2020, 11099/2020, 6402/2022 INDIAMART INTERMESH LIMITED.... Plaintiff Through: Mr. Sidharth Chopra, Mr. Nitin Sharma, Mr. Yatin Garg, Mr. Ranjeet Singh, Mr. Vivek Ayyagari, Mr. Angad Makkar, Mr. M. J. Sudarshan, Ms. Ramya Aggarwal and Mr. Sohrab Mann, Advocates.

VERSUS

AKASH VERMA & ORS...... Defendants Through: Mr. Uday Singh Chopra & Mr. Parva Khare, Advocates for D-2. (M:9911983636). Mr. Saransh, Advocate for Ms. Nandita Rao, ASC (Crml.),GNCTD. (26) WITH + CS (COMM) 373/2020 & I.A. 7995-96/2020, 7999/2020, 9171/2020, 84/2021, 430/2021 & 1371/2021 ITC LIMITED..... Plaintiff Through: Mr. Pravin Anand, Ms. Vaishali, Mr. Shivang Sharma & Mr. Siddhant Chamola, Advocates versus ASHOK KUMAR & ORS...... Defendants Through: Ms. Ritu Mishra, Advocate for D-6. Mr. Hrithik Goyal and Ms. Lovleen Goyal, Advocates for D-12. (M:8826767020) Ms. Deepika Kathuria, Adv. for D-14. Ms. Asmita Kumar, Advocate for D-

31. (M:9899967516) (27) WITH 2022:DHC:3662 CS (COMM) 135/2022 & connected matters + CS (COMM) 424/2020 SHOPPERS STOP LIMITED..... Plaintiff Through: Ms. Shubhie Wahi, Ms. Ankita Seth and Ms. Sanya Kapoor, Advocates. (M:9810907412)

VERSUS

M/S SHOPPERSTOP & ORS...... Defendants Through: Mr. P.S. Sudheer and Ms. Anne Mathew, Advocates for D-5. (M:9891760039) (28) WITH + CS (COMM) 498/2020 & I.A. 10520-21/2020, 2506/2021, 2530/2021 MICROSOFT CORPORATION & ANR...... Plaintiffs Through: Mr. Pravin Anand, Mr. Saif Khan, Mr. Shantanu Sahay, Ms. Imon Roy and Mr. Apoorv Bansal, Advocates.

VERSUS

PCPATCHERS TECHNOLOGY PRIVATE LIMITED & ORS...... Defendants Through: Mr. Sumit Nagpal, Ms. Nancy and Ms. Aashta Sood, Advocates for D-1, 2 & 3. (M:9911995000) (19) WITH + CS (COMM) 297/2019 MOTHER DAIRY FRUIT & VEGETABLE PVT. LTD...... Plaintiff Through: Mr. Pravin Anand, Mr. Saif Khan, Mr. Shobhit Agarwal and Mr. Deepank, Advocates.

VERSUS

KUMAR PRAHLAD & ANR...... Defendants Through: Mr. Yash Vardhan Singh, Advocate for D-1. Ms. Hetu Arora Sethi, ASC, GNCTD with Mr. Arjun Basra, Mr. Raman Lamba, ACP, Cyber Cell along with 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Mr. Sumeet Siddhu, IO (20) WITH + CS (COMM) 317/2019 & I.As. 8404-05/2019, 3270/2020 DHARAMPAL SATYAPAL LIMITED..... Plaintiff Through: Mr. Pravin Anand, Ms. Vaishali & Mr. Siddhant Chamola, Advocates (M-8373944051). Mr. Siddharth Sangal & Ms. Nilanjani Tandon, Advocates for D-11/SBI.

VERSUS

RAJNIGANDHA DISTRIBUTORS PRIVATE LIMITED & ORS..... Defendants Through: Mr. Mahesh, Mr. Gulshan Kumar, Ms. Shubhangi Sood & Ms. Aashi, Advocates for D-1,2,3. Ms. Hetu Arora Sethi, ASC, GNCTD with Mr. Arjun Basra, Mr. Raman Lamba, ACP, Cyber Cell along with Mr. Sumeet Siddhu, IO (21) WITH + CS (COMM) 732/2019 & I.As. 3865/2020, 9234/2020, 4171/2021, 4172/2021 MONTBLANC SIMPLO GMBH..... Plaintiff Through: Mr. Pravin Anand, Mr. Manish Biala, Mr. Devesh Ratan and Mr. Ashutosh Upadhyaya, Advs. (M:9810333571)

VERSUS

MONTBLANCINDIA.COM & ORS...... Defendants Through: Mr. Yajur Bhalla, Mr. Deepak Samota and Mr. Sumer Ahuja, Advocates for D-1, 2, 4 to 10 & 20. (M:9711009378) Mr. Alipak Banjerjee, Ms. Shweta Sahu and Mr. Brijesh Ujjainwal, Advs for D-18. 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Ms. Hetu Arora Sethi, ASC, GNCTD with Mr. Arjun Basra, Mr. Raman Lamba, ACP, Cyber Cell along with Mr. Sumeet Siddhu, IO (41) WITH + CS (COMM) 350/2020 & I.A. 7456/2020, 9624/2020, 9629/2020, 996/2021, 9204/2022, 12166/2022, 12172/2022, 12175/2022 GUJARAT COOPERATIVE MILK MARKETING FEDERATION LTD & ANR...... Plaintiff Through: Mr. Abhishek Singh and Mr. J. Amal Anand, Mr. Elvin Joshy, Ms. Alisha Sharma & Mr. Ujjawal Verma, Advocates. (M:9910291290)

VERSUS

AMUL-FRANCHISE.IN & ORS...... Defendant Through: Mr. Anil Soni, CGSC with Mr. Rahul Mourya, Advocate for UOI. (M:9560238258) Mr. Darpan Wadhwa, Sr. Advocate with Mr. Alipak Banerjee, Ms. Shweta Sahu and Mr. Brijesh Ujjainwal, Advocates for D-26. Mr. Alipak Banerjee and Mr. Brijesh Ujjainwal, Advocates for D-27, 28 &

30. (M:9987115749) Mr. Praveen Kumar Jain, and Ms. Shalini Jha, Advocates for D-37. (M:9871278525) Mr. Vihan Dang and Mr. Parva Khare & Ms. Aditi Umapathy, Advs for D- 52. Ms. Hetu Arora Sethi, ASC, GNCTD with Mr. Arjun Basra, Mr. Raman Lamba, ACP, Cyber Cell along with Mr. Sumeet Siddhu, IO (3) WITH 2022:DHC:3662 CS (COMM) 135/2022 & connected matters + CS (COMM) 298/2019 & I.As.8189/2019, 13215/2019, 13631/2019, 15695-96/2019, 14210/2021, 16707/2021 ULTRATECH CEMENT LIMITED & ANR...... Plaintiff Through: None.

VERSUS

WWW.ULTRATECHCEMENTS.COM & ORS...... Defendants Through: Mr. Darpan Wadhwa, Sr. Advocate with Ms. Binsy Susan, Ms. Swati Agarwal, Mr. Shashank Mishra, Ms. Akshi Rastogi, Ms. Vani Kaushik and Mr. Aashish Somasi, Advocates for D-5 & 7. (M:9650001297) Mr. Ananta Prasad Mishra & Mr. Gagan Gupta, Advocates for D-9. (M:9990937838) Mr. Manish Mohan, CGSC for D- 30&31 (M-999910115) (51) AND + CS (COMM) 324/2020 & I.As.6950 /2020, 12588/2020, 12611/2020, 11510/2021 MACDONALDS CORPORATION & ANR...... Plaintiffs Through: None.

VERSUS

NATIONAL INTERNET EXCHANGE OF INDIA & ORS...... Defendants Through: Mr. Vivek Jain & Mr. Aastha Tiwari, Advocates for D-18 & 28 (M9811426480). Mr. Alipak K. Banerjee, Mr. Brijesh Ujjainwal and Ms. Shweta Sahu, Advocates for D-5, 2, 7, & 8. Mr. Ravi Prakash, CGSC with Mr. Sahonwlah Farmani Ali, Advocate for D-35&36 (M-9469448888) CORAM: JUSTICE PRATHIBA M. SINGH 2022:DHC:3662 CS (COMM) 135/2022 & connected matters Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present set of suits and proceedings have been filed before this Court, by a large number of trademark and brand owners, seeking reliefs against misuse of their marks / names / brands by unauthorized persons, who register such marks as part of their domain names. The primary issue that arises in these cases is that the proliferation of these fraudulent domain names has resulted in enormous damage to innocent and gullible members of the public, owing, inter alia, to privacy protect features offered by domain name registrars (hereinafter “DNRs”) and inadequate verification of registrants. It is clarified that going forward CS(COMM) 135/2022 titled Dabur India vs. Ashok Kumar & Ors., shall be treated as the lead matter in this batch.

3. These matters have been heard from time to time. There are several issues that arise in respect of the mode of registration of domain names, verification of domain names, privacy protect features, hosting of websites on the fraudulent domain names, payments being received from innocent persons etc. Vide order dated 3rd August, 2022, directions were passed requiring different stakeholders to discuss and provide recommendations to resolve these issues. Various DNRs and authorities such as Delhi Police, Ministry of Electronics and Information Technology (hereinafter “MeitY”), Department of Telecommunication (hereinafter “DoT”), National Internet Exchange of India (hereinafter “NIXI”), were also directed to make submissions as to specific questions raised.

4. Submissions have been made today with respect to other issues faced 2022:DHC:3662 CS (COMM) 135/2022 & connected matters by the Plaintiffs and the steps taken by the Delhi Police, MeitY, and other stakeholders, pursuant to the previous order dated 3rd August, 2022. The same are inconclusive. Some of the submissions made today are recorded below: Actions taken by DNRs in CS(COMM) 228/2021

5. At the outset, in CS(COMM) 228/2021, which involves the mark/name `Bajaj Finance’ it is submitted by ld. Counsel for Defendant No.6 (Godaddy.com, LLC), Defendant No.7 (Public Domain Registry (PDR)), Defendant No.11 (Wild West Domains, LLP), Defendant No.12 (Big Rock), Defendant No.14 (Endurance Domains), Defendant No.17 (Hostgator) and Defendant No.22 (Domains By Proxy), that insofar as all the domain names which were directed to be suspended vide orders dated 18th May, 2021 and 25th August, 2022 are concerned, the needful has been done. However, Mr. Singh, ld. Counsel for the Plaintiff submits that the same domain names have been released after suspension, and are now again available for purchase. Therefore, specific locking orders for such domain names are required.

6. In this matter, Mr. Akhil Sibal, ld. Senior Counsel for Defendant NO. 19, Google LLC (hereinafter “Google”), also points out that some of the impugned domain names are not under Google’s control and are freely available for registration. If that is the case, the Plaintiff is free to take steps in accordance with law to ensure that such domain names are also suspended and locked. In any event, considering that the injunction qua such domain names is still operating, the DNRs who are in control of the domain names listed in paragraph 50 of the plaint, shall suspend, and lock all the domain names, as also maintain status quo. 2022:DHC:3662 CS (COMM) 135/2022 & connected matters

7. Additionally, on behalf of Defendant No. 18 - Milesweb, Mr. Manish Paliwal, ld. Counsel submits that the impugned websites - Bajabloanfinances.org.in and Bajajindiafinserve.in, have already been pulled down, and that the same would not be re-hosted. This is also noted in their written statement and accordingly, they seek deletion from the array of parties.

8. This Court notes that vide previous order dated 3rd August, 2022, Defendant No.18 was directed to file an affidavit explaining what details are collected at the time of providing hosting services to domain name registrants. The same is yet to be filed. Accordingly, deletion is not directed for the time being, as ld. Counsel for the Plaintiff submits that further reliefs are being sought. Defendant No.18 shall also file the affidavit in terms of the previous order dated 3rd August, 2022, within two weeks.

9. List on 14th September, 2022 at 3:00 pm. Submissions in respect of Service of DNRs, and Implementation of Orders

10. It is also brought to the notice of this Court, that one of the common complaints of Plaintiffs’ who have filed domain name related suits before this Court, is that there is significant difficulty in: (1) Serving those DNRs, who do not have offices in India; (2) Seeking implementation of the orders passed including injunction orders against DNRs; (3) Obtaining data relating to the registrants of the domain names including email addresses, postal addresses, telephone numbers, credit cards used for making payments etc.

11. In this regard, Mr. Chopra, ld. Counsel for one of the Petitioners, highlights that under the Information Technology (Intermediary Guidelines 2022:DHC:3662 CS (COMM) 135/2022 & connected matters and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as “IT Rules, 2021”), Rule 3 requires appointment of Grievance Officers for the purposes of ensuring that complaints of individuals are duly acknowledged, and orders passed by a Court of competent jurisdiction and authorities, are duly implemented. The said Rule 3(2) reads as under: “(2) Grievance redressal mechanism of intermediary: (a) The intermediary shall prominently publish on its website, mobile based application or both, & the case may be, the name of the Grievance Officer and his contact details as well as mechanism by which a user or a victim may make complaint against violation of the provisions of this rule or any other matters pertaining to the computer resources made available by it, and the Grievance Officer shall -

(i) acknowledge the complaint within twenty four hours and dispose off such complaint within a period of fifteen days from the date of its receipt;

(ii) receive and acknowledge any order, notice or direction issued by the Appropriate Government, any competent authority or a court of competent jurisdiction.”

12. The DNRs do not dispute that they are ‘intermediaries’ under the IT Act, 2000. This Court has also noticed that in a large number of domain name matters, even when advance service is done at the email addresses of the DNRs available online, the DNRs are not always represented on the first date of hearing before the Court. In such matters, there is always a need for urgent implementation of orders, in as much as domain names have been registered fraudulently, and large sums of money have been collected by the fraudulent registrants from vulnerable citizens and there is a need for urgent freezing of bank accounts and obtaining details of the persons operating 2022:DHC:3662 CS (COMM) 135/2022 & connected matters these illegal bank accounts.

13. In view of this situation, a query has been posed to all the DNRs represented before the Court today, as to whether they have appointed Grievance Officers in terms of the aforementioned IT Rules 2021, and if so, whether such details of the officers are published on their websites. In response, ld. Senior Counsels on behalf of various DNRs, submit that they wish to seek instructions in this regard, and revert by tomorrow.

14. Accordingly, the DNRs who are represented before the Court today, shall revert by tomorrow on the following aspects: (1) Whether they have appointed Grievance Officers in terms of IT Rules 2021? (2) If they have done so, details of the said Grievance Officers including the name, designation, postal address, e-mail address and telephone numbers.

15. The above details shall be placed before the Court tomorrow. List all these matters for this specific purpose tomorrow, i.e., on 14th September, 2022 at 3:00 pm.

16. Submissions to continue on 14th September, 2022 at 3:00 pm.

17. The original signed copy of this order shall be placed in the lead matter being CS(COMM) 135/2022 titled Dabur India vs. Ashok Kumar,

18. These are part-heard matters.