Dabur is rescued by the HC, which orders the shutdown of websites that use their trademark.
The Delhi High Court has granted Dabur India Limited interim remedy by issuing a ‘John Doe’ injunction barring certain websites that are illegally utilising the ‘DABUR’ domain name.
DABUR brought out a pretty strong case for an ex-parte injunction, and also the balance of efficiency was also in its favour, according to single-judge Justice Pratibha M Singh, who noted that the attempt is not only to infringe and pass off, but to engage in total impersonation.
“If an ex-parte injunction is not granted in the Plaintiff’s favour, the Plaintiff will suffer irreparable harm. The majority’s loss is also unquantifiable.”
The Court further stated that “hiding or disguising the details of the Registrants” who own hostnames is becoming more common among those who register similar domains that infringe on trademark & name owners.
“Such Registrants want to be able to register domain names and host websites without revealing their true identities. The domain names are used to exclude the rest of the globe, including the trademark owner.”
“When a person or entity registers a mark, name, company, firm, or other entity, their identity is made public. In the case of domain names, however, this is not the case. Disabling the privacy protect feature appears to be necessary to ensure that the identity of those registering domain names is readily accessible on the https://www.whois.com database, as well as other databases of this type.”
The Court ruled in its decision in Dabur’s favour that the trademark is well-known in India because it was first used in 1884.
As a result, it is a 150-year-old Indian brand that has become a household name. Plaintiff has become a leading maker and seller of a wide range of items to the Indian public for many years, including medicines, toiletries, food, & medicinal solutions. Plaintiff’s products are also exported internationally. As a result, Plaintiff’s mark & business have indisputable goodwill.
The Court also has requested a response from the Centre on its position on domain Registrars’ privacy protection features for their Registrants.