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. In addition, the defendants’ rogue activities result in financial loss to the innocent and without mistrust members of the public,” Judge Jyoti Singh said.
The High Court prevented rogue websites, its Facebook page called “Amazon Franchise”, their owners and any others acting on their behalf or anyone from using the “Amazon”, “Amazon.in” brand or any deceptive variant similar to plaintiffs’ Amazon marks in any way constituting an infringement of its marks, until the next court date.
He also ordered the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) to issue notices calling on the various internet and telecommunications service providers registered with him to block the access to 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.
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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.’