The Plaintiff, Indian Hotel Company Limited (“IHCL”), operates in the hospitality industry and manages numerous hotel chains under various brands, including “GINGER”. IHCL filed a case of infringement against the Defendants, who operated fraudulent websites collectively named John Doe(s). IHCL claimed these websites were infringing on and passing off its trademark and copyrights by fraudulently using IHCL’s registered domain name, trademark “Ginger,” and original photos of Ginger Hotels. IHCL submitted that, by doing this, the fraudsters misrepresented and created a false association in the minds of consumers.
IHCL argued in the case that the fraudulent websites allowed room bookings through the phone numbers listed on the website. Once a booking request was made, the fraudsters asked for payment via UPI IDs or sensitive banking information, including one-time passwords. To stop the fraudulent activities, the IHCL filed an application before the Delhi High Court seeking an injunction against the John Doe(s).
The Court reviewed the facts and stated that the fraudulent websites were committing serious financial fraud by falsely representing themselves as associated with IHCL and offering identical services. As per the Court, this false association caused significant harm to IHCL’s reputation and goodwill. The Court stated that the balance of convenience favoured IHCL, and if no injunction was granted, IHCL would suffer irreparable loss.
Based on its analysis, the Court granted an ex parte ad interim injunction order, preventing the fraudulent websites from using IHCL’s registered marks and reproducing copyrighted photos of Ginger Hotels. The Court also directed the National Payments Corporation of India (NPCI) and various banks, including Axis Bank, Yes Bank, and ICICI Bank, to disable, suspend, or freeze the bank accounts and UPI IDs associated with these fraudulent websites.
Additionally, the Court also instructed the Department of Telecommunications, the Ministry of Electronics and Information Technology, various internet service providers, and telecom services to block the websites and phone numbers linked to these fraudulent websites. The Delhi High Court scheduled the next hearing for this case on October 7, 2024.
Citation: The Indian Hotels Company Limited vs John Doe And Others, Delhi High Court, 07th May, 2024, CS(COMM) 370/2024
Authored by Ms. Ilana Baruah, Consulting and Strategy Team.
Reviewed and Confirmed by Ms. Naika Salaria, Trademark Team
Disclaimer
The case note/s in this blog post have been written by IP Attorneys at BananaIP Counsels based on their review and understanding of the Judgments. It may be noted that other IP attorneys and experts in the field may have different opinions about the cases or arrive at different conclusions therefrom. It is advisable to read the Judgments before making any decisions based on the case notes.
If you have any questions, or if you wish to speak with an IP expert/attorney, please reach us at: contact@bananaip.com or 91-80-26860414/24/34.
