HC prevents malicious websites from using the Amazon brand and logo
The Delhi High Court has banned several malicious websites from using the Amazon online marketplace brand and logos or any misleading variants.
The Delhi High Court has banned several fraudulent websites from using the Amazon online marketplace brand and its logos or any deceptive variations identical to the original brand, noting that the activities of such websites cause financial loss to the innocent public .
The high court said it was of the view that the plaintiffs, Amazon Seller Services Private Limited and its other companies had established a prima facie case for the grant of an ad-interim ex parte injunction.
“The balance of convenience is in favor of the plaintiffs and they are likely to suffer irreparable harm if the injunction, as requested, is not granted. Additionally, the activities of the rogue defendants result in financial loss to innocent and unsuspecting members of the public,” Judge Jyoti Singh said.
The High Court held the rogue websites — ‘https://amazonbuys.com’, its Facebook page as ‘Amazon Franchise’ and https://estoreamazon.in — their owners and all others acting on their behalf or anyone else to use the trademark “Amazon”, “Amazon.in” or any deceptively similar variant of Plaintiffs’ Amazon trademarks, in any way, constituting an infringement of its trademarks, until the next date of hearing.
He also ordered the Department of Telecommunications and the Ministry of Electronics and Information Technology to issue notices calling on the various Internet and telecommunications service providers registered with him to block access to the various websites. or rogue defendants identified by plaintiffs.
The High Court’s interim order came during the hearing of an action brought by Amazon Sellers Services Private Limited and its affiliates, claiming that the rogue defendants engaged in a pre-planned conspiracy to defraud and dupe innocent by unauthorized and unlawful use of Complainants’ trademarks, on rogue websites and social media pages operated by them or as part of the domain name registered by them.
Amazon argued that the dishonest defendants grossly reproduce the content of the plaintiffs’ website and adopt an identical look and feel to their original website “www.amazon.in” and that they engage in these activities fraudulent and deceptive to defraud innocent people who interested in registering as ‘Amazon Easy Store’.