The Bombay High Court recently passed a John Doe (unknown parties) in favour of Tata Group-owned retail company Trent Limited by restraining unknown infringers from using the company’s registered trademark ZUDIO.
Considering the urgency in the matter, Justice Riyaz Chagla had granted relief to Trent on November 2, without hearing any of the defendants. He had then directed that the order be uploaded on the High Court website only after the directions have been complied with.
The order was to be effective till December 18. However, on December 18, Trent informed the high court that the directions had not been complied with. Hence, the order has been further extended.
What is the case about?
Trent’s counsel Amey Nargolkar submitted that the defendants, including zudiofranchise.net and others, used the company's mark and artwork for their services and as part of their domain name. He further said that certain defendants have used the name and intellectual property rights to defraud unsuspecting customers and wilfully and fraudulently represent to the public that they are employees/associates of the company.
Justice Chagla, after going through the documents submitted by Trent, noted that the company had made a strong prima facie case for granting ex-parte ad-interim relief. “From the documents filed, I am convinced that the Plaintiff’s trademark/artistic work of ZUDIO is distinctive and has garnered enormous goodwill and reputation,” the order copy read.
Bombay HC directs domain registrar to file disclosure affidavit
The high court has directed the domain registrar Tucows Domain Inc to file a disclosure affidavit containing details of the persons and entities who registered the domain name which had allegedly infringed the ZUDIO mark. It has also been directed to suspend the domain name and bring down the website till the suit was finally decided.
The court has asked the court receiver and additional special receiver to take appropriate steps to ensure that the temporary order of injunction is complied with by the various domains.
