New Delhi [India], October 9 (ANI): The Delhi High Court has directed domain name registrars to suspend 126 websites allegedly using Reliance Industries Limited’s ‘Jio’ trademark for lottery and gaming-related services, while restraining the operators of the websites from using the company’s trademark or any deceptively similar mark.
Justice Purushaindra Kumar Kaurav passed the interim order on October 7 while hearing a trademark infringement suit filed by Reliance Industries Limited.
The court also directed Google, which operates the Blogger platform, to disable access to and take down an allegedly infringing webpage hosted on its platform.
The court directed domain name registrars to ensure that the websites listed in an annexure to the order remain suspended until further orders. The list includes websites using variations of names such as ‘Jio Lottery’, ‘Jio Lottery Game’ and other similar combinations.
The court observed that the websites, upon examination, prima facie appeared to satisfy the test of a “rogue website” laid down by the Delhi High Court in an earlier judgment concerning online piracy and infringement.
Reliance Industries told the court that it holds exclusive statutory and common law rights over its registered ‘Jio’ trademark. It alleged that the defendants were using the mark in its entirety as a prominent feature of their domain names, websites and other identifiers in connection with lottery, gaming, payment-related and allied services.
The company contended that such use was likely to cause confusion and deception, dilute its trademark and harm its commercial interests. It sought interim protection and blocking of the objectionable websites during the pendency of the suit.
The court noted that the domain name registrars had been impleaded to facilitate the preservation and disclosure of registrant, account, contact, billing, payment and other identifying details relating to the websites. The Union government, through the Ministry of Electronics and Information Technology and the Department of Telecommunications, was also arrayed as a defendant.
While granting interim relief, the court restrained defendant number one from registering, operating, controlling, administering, maintaining, promoting, advertising or otherwise dealing with the impugned marks, including ‘Jio’, ‘Jio Lottery’ and ‘Jio Lottery Game’, or any mark identical or deceptively similar to Reliance Industries’ trademark in a manner amounting to infringement.
The court also directed Google to disable access to and remove the webpage along with the allegedly infringing content.
The court relied on its 2019 decision, which explained that the determination of whether a website is a rogue website depends on a qualitative assessment of its primary purpose and effect, rather than merely the quantity of infringing material it contains.
The suit has been registered as a commercial suit, and summons have been issued to the defendants. Those represented through counsel have been directed to file their written statements within 30 days, while the remaining defendants are to be served through permissible modes.
The court directed the defendants to file their replies to the interim injunction application within four weeks, with rejoinders, if any, to follow within three weeks thereafter. The matter has been listed for further consideration on November 30.
The suit will also be placed before the Joint Registrar on December 10 for marking of exhibits. (ANI)
Delhi HC orders suspension of 126 websites allegedly using Jio trademark
