The Court also observed that such practices of hiding or masking details of the registrants who hold domain name is increasingly being resorted to by persons to impinge upon the owners of trademarks and names.
The Court, therefore, issued notice and proceeded to pass interim order in favour of Dabur.
It passed the following directions to curb any malpractice or monetary harm to public as also to the franchisees and distributors who may pay monies to such websites:
“1) Defendant Nos. 4 and 5 (registrars) shall immediately block the domain names, as also the websites. Status quo shall be maintained in respect of the said domain names and the same shall be locked with immediate effect. The Defendant 4 and 5 are restrained from transferring the said domain names or creating any third party interest on the same.
2) Defendant No. 2 and 3 i.e. DoT and MEITY shall issue directions to all ISPs to block the said websites as also any other websites, except the Plaintiff’s websites, bearing the mark ‘DABUR’.
3) Defendant No. 4 and 5 shall also disclose to counsel for plaintiff and file affidavit before this court as to the details of the registrants or the persons who have registered the above-mentioned domain names along with their complete contact details, postal address, email address, bank account details, and telephone number, etc. Let the said affidavit be filed within one week from receipts of the copy of the infringing domain names.
4) The registrants if the infringing domain names must cease all use of the domain names and pull down the websites from host.
5) Defendant 4 and 5 are also restrained from allowing any third-party, apart from the plaintiff, from registering domain names using the mark/name ‘Dabur’.
6) Defendant 6 and 14 i.e. the internet services providers shall give effect to this order immediately.
7) Upon the disclosure of names of restraints of domain names, the plaintiff is permitted to implead them as the defendant in the present suit. In case the plaintiff comes across any order domain names or websites with the mark DABUR, they are permitted to approach the court with an application of appropriate relief.”
The matter will be heard again on April 25.
