IN THE HIGH COURT OF DELHI AT NEW DELHI
INFO EDGE(INDIA) LTD ..... Plaintiff
Through: Ms. Anuradha Salhotra and
Mr. Diwakar Singh Pundir and
Mr. Tushar A John, Advs.
AKASH DEEP and ORS ..... Defendants
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
I.A. Nos. 9332-33/2014 (u/Sec. 151 CPC)
Original documents as well as typed copies of dim annexures be
filed within four weeks.
Applications are disposed of in the above terms.
CS(OS) No. 1427/2014
Plaint be registered as a Suit. Summons in suit be issued to the
defendants through ordinary process, registered A.D. post and courier
service, returnable before Joint Registrar for 1st October, 2014.
Process fee etc. be filed within a week.
I.A. No. 9330/2014 (u/O 39 R 1 and 2 r/w Sec. 151 CPC)
Notice for the date fixed.
Plaintiff is a private limited company and owns a job portal
website under the trade mark ?Naukri.com? right from 1997. The domain
name ?Naukri.com? was first created by the plaintiff on March 27, 1997 as
an online recruitment classifieds and related services for job seekers
and corporate customers. The website is popularly known as Naukri,
inasmuch as, has acquired huge reputation and goodwill in the market.
During the year 2012-13 plaintiff?s revenue was Rs.274,37,99,945/-.
Plaintiff has spent Rs.14,90,33,519/- on advertisements during the year
2012-13. Plaintiff?s trade mark ?Naukri.com? was first registered in the
year 2004. In Info Edge (India) Pvt. Ltd. and Anr. Vs. Shailesh Gupta and
Anr. 98 (2002) Delhi Law Times 499, this Court has recognized that the
plaintiff has been able to generate in the market by adopting and
establishing a domain name and carrying on their business activities on the basis of the same. Thereby the trademark/domain name of the plaintiff
has assumed significance and a secondary meaning.
In order to encash reputation and goodwill of the plaintiff,
defendants have adopted deceptively similar trade mark ?cvnaukri.com?,
?resumenaukri.com?, inasmuch as, using plaintiff?s domain name
?cvnaukri.co.in?, ?cvnaukri.org? and ?cvnaukri.in?. It is submitted that
defendants have defrauded several job seekers. Plaintiff has even sent a
complaint to NOIDA police (Cyber Crime Cell). It is further contended
that one of the duped persons has approached the District Consumer
Disputes Redressal Forum, Kolkata wherein plaintiffs have been summoned.
I have heard the learned counsel for the plaintiff and am of the
view that plaintiff has succeeded in disclosing a, prima facie, case in
its favour. In case defendants are not restrained from using the
plaintiff?s trade mark ?naukri?, it is the plaintiff who shall suffer
irreparable loss and injury, inasmuch as, balance of convenience is also
in favour of the plaintiff. Accordingly, till further orders, defendants
are restrained from trade mark and domain name containing word ?naukri?
and/or ?naukri.com? or any other deceptively similar trade mark or domain
name as that of plaintiff.
Compliance of Order 39 Rule 3 CPC be made within two weeks.
I.A. No. 9331/2014 (u/O 26 R 9 CPC)
Injunction order has already been passed against the defendants. It
would, thus, be appropriate if two Local Commissioners are appointed to
make inventory and seize the infringing materials. Accordingly, Mr.
Mayank, Advocate (Mobile No. 9971999961) and Ms. Ritika Ahuja (Mob. No.
9582363670) are appointed as Local Commissioners to visit the premises of
defendants at B-75, Sector 63, NOIDA ? 201304, Uttar Pradesh and B-15,
Sector ? 58, NOIDA, Uttar Pradesh respectively and make an inventory of
infringing materials and seize the same contained in computers systems,
laptops, CPUs, Hard Disks and/or CDs, DVDs or any other storage media,
with the help of Technical Experts and representatives of plaintiffs.
Defendants are directed to provide password(s), if any, of computer
system, in order to enable the Local Commissioners to effectively carry
out this order.
Thereafter, Local Commissioners shall handover the seized
goods/material/records to the defendants on Superdari with the directions
to produce the same in Court without tampering the seal, as and when
directed by the Court. If any resistance is put by the defendants or any
other person on their behalf, Local Commissioners will be entitled to
seek police assistance. In case the premises is found locked, Local
Commissioners shall be at liberty to break open the locks. Fee of the
Local Commissioners is fixed at Rs.75,000/- (Rupees Seventy Five Thousand
Only) each besides other miscellaneous expenses. Local commissioner shall
submit their report within two weeks from the date of execution of
Application is disposed of in the above terms.
A.K. PATHAK, J.
MAY 16, 2014