Delhi HC Rules on Internet Based Trademark Infringement
The Delhi High Court (“Delhi HC”) has granted a interim injunction in a case of internet based trademark infringement in the case of Juggernaut Books Pvt. Ltd. v. Inkmango Inc. & Ors. The present case involved the use of trademark and domain name of an Indian publication house by a New York based company.
Juggernaut Books Pvt. Ltd. (“Juggernaut”), the Indian publishing house, is a publisher of books and e-books by various well-known authors. It publishes its books through a web-based software on its platform – ‘www.juggernaut.in’, which can be accessed using a computer and a smart phone. The trademark ‘JUGGERNAUT’ (“Trademark”) is registered in India.
Inkmango Inc. (“Inkmango”) was incorporated on December 05, 2018 in New York and has been operating a website ‘www.thejuggernaut.com’. Inkmango is also in the business of web publication and has made large number of references to products of Juggernaut on its own website. Inkmango also targeted clients of Juggernaut and also has a presence in India. Inkmango was actively involved in sending emails to reputed writers who were clients of Juggernaut asking them to write for their website ‘www.thejuggernaut.com’.
The questions before Delhi HC was, whether interim injunction be granted against Inkmango for infringement of trademark of juggernaut.
Delhi HC held that in this case the names were identical, the service being provided was identical and the target customer base was identical. The Delhi HC also observed that works published by Inkmango had a close connection with India and thus there is specific and dedicated targeting of India and India-based customers. Subscription was being offered and could be obtained by any customer based in Delhi or in any other part of India. Thus, it held that Inkmango had a presence in India.
In light if this, the Delhi HC allowed injunction against Inkmango and anyone acting for and on their behalf from using the Trademark and the domain name of Juggernaut for the purposes of digital publishing and usage over social media platforms.
Additionally, directions were also passed against NameCheap Inc., a party to the case through whom Inkmango got their domain name registered in New York. Delhi HC directed NameCheap Inc. to disclose the details and block the domain name of Inkmango.
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The rise of social media presents significant challenges in countering cases of trademark infringement on the internet. Decisions such as this are a step in the right direction as it ensures entrepreneurs and business owners that even in the age of excessive social media usage, such blatant infringements do not go unchecked.
Disclaimer: This post has been prepared for informational purposes only. The information/or observations contained in this post does not constitute legal advice and should not be acted upon in any specific situation without seeking proper legal advice from a practicing attorney.