The Delhi High Court has ordered the suspension of the domain name as well as the blocking of access to the website www.myvoltascare.com in a trademark infringement claim filed by home home appliance company – Voltas.
A holiday bench consisting of Judge Dinesh Kumar Sharma prohibits the Website Owner from using the registered and well-known VOLTAS trademark and logo, including the Website or listings on social media websites or e-commerce sites.
The Court dealt with an action brought by Voltas Limited seeking a permanent injunction restraining a certain Ashok Kumar from infringing his trademark through the website www.myvoltascare.com.
It was the plaintiff’s case that he had continuously and consistently used the trade mark and trade name VOLTAS since 1954 which was a coined mark possessing the distinctive character of a coined word, for his own commercial activities.
It was alleged that Ashok Kumar had identically copied the entire look, feel, color scheme and photographs of the plaintiff’s website and as a result he intentionally and dishonestly defrauded customers by posing as Voltas.
It was the case of Voltas that they had an investigation carried out into the matter which confirmed their allegations. It was argued that Voltas had also received various customer complaints.
The Court was therefore of the view that Voltas had a good prima facie case in its favor and that Kumar’s activities caused irreparable loss and harm to Voltas.
Observing that the balance of conveniences was in favor of Voltas, the Court ordered thus:
“Defendant #2 is also ordered to lock/block/suspend the domain name www.myvoltascare.com. Defendants #3 and 4 are also ordered to block access and disable the website www.myvoltascare.com .”
The Court ordered Voltas to comply with the provision of Ordinance XXXIX, Rule 3 of the Code of Civil Procedure.
Case Title: VOLTAS LIMITED v. ASHOK KUMAR & ORS.
Citation: 2022 LiveLaw (Del) 595
Click here to read the order