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Synopsis

The Bombay High Court has recently passed a John Doe order restraining anonymous unauthorized websites providing PAN-related services.

A John Doe order is an order passed by a court against unidentified and unknown individuals/entities who are difficult to track down. Such orders are generally passed in infringement of intellectual property cases since they cause loss/harm to the person whose intellectual properties are infringed.

A single-judge bench of the high court, comprising Justice Bharathi Dangre, was hearing a plea moved by UTI Infrastructure Technology and Services Limited (UTIITSL), which sought the takedown of 13 different websites that were using its mark.

UTIITSL sought a restraining order against the 13 websites for infringing its copyright and trademark.

UTIITSL contended that it was the exclusive authorized entity to issue and provide PAN-related services, including the issuance of Aadhar, Voter ID, etc.

It submitted that the Income Tax Department had authorized them to provide the services in 2003, which were valid until March 2024.

Therefore, UTIITSL argued that the 13 websites were causing monetary as well as reputation loss by falsely representing that they were authorized to provide PAN-related services.

The high court agreed with the contentions of UTIITSL and ordered the takedown of the unauthorized websites providing PAN-related services.

The bench also directed the police official to assist UTIITSL with the takedown of the unauthorized websites.

The high court, in its order, recorded that if the websites were not ordered to be taken down, it would cause irreparable loss to UTIITSL and also pose a threat at the national level.

“On consideration of the necessary information provided in the application, UTIITSL deserves an ad-interim ex-parte order even without service, as it is impossible to track all the defendants and effect service upon them; and with the fake websites being continued to be active, it would cause irreparable damage and severe compromise of valuable confidential data of the plaintiff and also pose a threat at a national level,” the order reads.

Case title: UTI Infrastructure Technology and Services Ltd vs Extra Tech World & Ors