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Delhi HC orders Centre to block websites pretending as Croma recruiters
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IANS | 07 Dec, 2022
The
Delhi High Court recently ordered that all the infringing websites
posing as recruiters at Croma and defrauding people by taking money
should be blocked. Croma is a Tata-owned electronics retail store chain.
Justice Sanjeev Narula directed the Department of
Telecommunications, Ministry of Communications, and Ministry of
Electronics and Information Technology to block access to the impugned
websites during the pendency of the proceedings. www.cromashare.com,
www.croma- 2.com, www.croma-1.com, and www.croma-3.com, are some of the
websites infringing Croma's trademark.
The court also sought
registration details like contact information, payment details, and any
other information related to the identity of registrants of impugned
websites from the domain name registrar.
The plaintiff Infiniti
Retail Limited, who is the owner of the retail stores, had filed a suit
seeking permanent injunction restraining infringement of its registered
trademark and copyright. It is a subsidiary of the Tata Group.
The
fraudsters duped the unsuspecting consumers through WhatsApp offering
them jobs at Croma, the petitioner's counsel told the court. "The
consumers, who fall prey to this scam, are made to transfer money to
bank accounts/ UPI IDs provided by said defendants," it was submitted.
The
court was further told that victims have lost as much as Rs 1,65,000 to
the fraud. "Due to continued usage of Plaintiff's registered marks and
name and forged signatures of its CEO viz. Mr. Avijit Mishra by
Defendants No. 1 to 4 for commission of fraud, Plaintiff is suffering
loss of goodwill," the counsel said.
Justice Narula while
granting an ex-parte injunction to the plaintiff, said the court is of
the prima facie opinion that the defendants have infringed the
plaintiff's registered marks.
"Plaintiff has gathered substantial
goodwill and reputation in the market and has generated considerable
revenue through its business operations in India. Plaintiff's registered
marks are well-known marks and if no ex-parte interim injunction is
granted, Plaintiff will suffer an irreparable loss; balance of
convenience also lies in favour of the Plaintiff and against Defendants
No. 1 to 4," the court said.
While directing the telecom service
providers to temporarily suspend and disable the mobile numbers
mentioned in the plaint and disclose their identity details, it further
ordered the financial service providers to temporarily suspend and
disable the UPI IDs mentioned in the plaint.
The court also asked
the defendants to restrain using or registering infringing domain names
anywhere or indulge in any activity resulting in infringement of
Plaintiff's registered marks and its copyright till the next date of
hearing, which is on March 27, 2023.
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