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It was also contended that these fraudulent websites “engaged itself in registering infringing domain names incorporating the Marks, including but not limited to the name ‘Mudrex’ and operating fake websites on such domain name, inviting the general public to invest on these websites, collecting monies from them illegally and frequently, without any permission and authorisation from the plaintiff”.
The Delhi High Court, on Friday, restrained the use of the trademark ‘Mudrex’ by multiple fraudulent websites. The court granted an ad interim injunction against such fraudulent websites, noting that the balance of convenience lies with RPFAS Technologies.
The bench of Justice Mini Pushkarna held, “It is submitted that owing to these infringing acts, defendant no. 10 has made and are continuing to make illegal profits and are causing losses to the plaintiff. The defendant no. 10’s aforesaid infringing acts have also caused and continue to cause undue harm and injury to the reputation and goodwill to the plaintiff and its marks”.
RPFAS Technologies approached the court to seek a permanent injunction to prevent the infringement of trademark ‘Mudrex’. Advocates Vipin Tyagi and Sanjana Jain representing RPFAS Technologies, submitted that the suit was filed to restrain the expanding and fraudulent business activities conducted by unknown individuals, referred to as John Doe/Ashok Kumar, who were misusing the ‘Mudrex’ trademark. These individuals operated fraudulent websites under the plaintiff's company name, deceiving the general public for personal gain.
Advocates Vipin Tyagi and Sanjana Jain, asserted that Mudrex was a leading Virtual Digital Asset (VDA) exchange in the country, enabling trading, transferring, or payment using virtual assets such as cryptocurrencies. They further submitted that the plaintiff explicitly stated in its terms and conditions that all services, technology, content, and materials associated with Mudrex were protected by copyright, patent, trademark, and other applicable laws. The plaintiff’s trademarks were extensively used in business activities and customer interactions nationwide. By virtue of the registrations, the plaintiff held the exclusive right to use the marks concerning its services.
Advocates Vipin Tyagi and Sanjana Jain submitted that RPFAS Technologies learned of several complaints from the public regarding fraud by John Doe, prompting the filing of this suit to seek an injunction against the infringing activities. Advocates Vipin Tyagi and Sanjana Jain submitted that upon discovering the misuse of its trademarks, the plaintiff issued numerous advisories and posts on its official social media handles and emails to users, warning them of potential scammers misusing the plaintiff’s name.
The court observed that the plaintiff established a prima facie case warranting the issuance of an injunction. It was determined that if an ex-parte ad interim injunction were not granted, the plaintiff would suffer irreparable harm. Moreover, the balance of convenience favored the plaintiff over the defendants, the court added.
Therefore, the court granted ad interim injunction restraining respondents along with its associated companies, subsidiaries, directors, wholesalers, distributors, partners, proprietors, officers, servants, and agents, from using the plaintiff’s trademarks or any mark deceptively similar to them for any goods or services, thereby preventing trademark infringement and passing off.
John Does was also ordered to take down the infringing websites within 48 hours of this order. Accordingly, the court scheduled the case for December 16, 2024.
Case Title: RPFAS Technologies Private Limited v Ministry Of Communications And Ors
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