07 Jun 2021

Eureka Forbes Limited vs National Internet Exchange of India and Ors.

The hon’ble Delhi High Court has recently, granted an ex-parte ad interim injunction against various defendants using Eureka’s corporate name, registered trademarks/copyrights and other similar marks.

The petitioner filed plaint stating the contentions and issues against the defendants and subsequently, the hon’ble court treated it as the suit and primarily ordered to issue the summons to defendants. The petitioner filed the application under Order 39 Rules 1 and 2 of CPC seeking an ex-parte interim injunction against the illegal use of the trademarks by the defendants. The disputed marks were the corporate name ‘Eureka Forbes’ and several registered trademarks namely ‘Aquaguard’, ‘Dr. Aquaguard’, ‘Forbes’, ‘AquaSure’ and ‘Aeroguard’ or any other mark similar to these registered marks. Further, the plaintiff also established that it is the prior user of these marks since 1984.

The petitioner also stated that it has been receiving several complaints regarding fraudulent websites that have been incorporated under the name ‘Eureka Forbes’ and other registered marks. Moreover, it also led to confusion in the minds of the consumers because whenever any customer typed Aquaguard Customer support/Aquaguard service center etc. in the search engine, the infringing websites of the defendants would appear. These websites provided the same services as provided by the plaintiff and thus, such acts of the defendants amounted to infringement of plaintiff’s trademarks.   

It was quite evident that plaintiff had a prima facie case against the defendants. Thus, the hon’ble Delhi high court pronounced an ex-parte injunction order restraining the defendants from using the corporate name and registered trademarks of the petitioner in any manner. And the authorities were ordered to block the defendant’s domain names.