The Delhi High Court has issued a John Doe interim injunction to restrain unidentified websites and mobile applications from infringing the trademark of the share market and financial services app INDmoney. The court expressed that it was prima facie convinced the defendant had made unauthorized use of the plaintiff’s trademarks to mislead and lure unsuspecting users into investing money with them. The bench noted that the actions of the defendant were misleading unsuspecting customers, resulting in them divulging confidential information and spending their hard-earned money on these infringing platforms. It appeared evident that the defendant was attempting to create the false impression that their websites and social media groups were associated with the plaintiffs. The filing of cyber cell criminal complaints by the plaintiffs further underlined that beyond unauthorized trademark use, the defendant was engaged in defrauding unsuspecting users, causing them financial losses.
The plaintiff alleged that the defendant created fake WhatsApp and Telegram groups, imitating well-known financial advisors and even impersonating the company’s founder, Ashish Kashyap. These groups purported to offer high-yield investment opportunities in areas like block trading, IPOs, and stock tips. Further, the complaint detailed the circulation of forged SEBI registration certificates, counterfeit agreements, and fraudulent loan documents meant to deceive users. The defendant also reportedly deployed mobile applications that mimicked INDmoney’s trademark to facilitate these schemes.
According to the plaintiffs, these deceptive practices caused them irreparable harm by tarnishing their brand’s goodwill and reputation, while also enabling the misappropriation of funds from innocent customers. In light of these allegations, the court ordered the issuance of summons for the main suit and scheduled a hearing for December 17.
Meanwhile, in order to prevent further misuse, the court directed Google and Apple to take down the domains and URLs of the infringing websites and mobile applications. It also ordered WhatsApp and Telegram to block the implicated telephone numbers, WhatsApp groups, and Telegram links to curb further dissemination of the infringing material.
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