Trademark Infringement and Passing Off
Subject : Civil Law - Intellectual Property Rights
The Delhi High Court has acted decisively to curb an elaborate financial fraud scheme involving the brazen impersonation of the prominent fintech firm, INDmoney. In an ex parte ad interim order, Hon’ble Ms. Justice Manmeet Pritam Singh Arora has granted a comprehensive injunction against an unknown defendant—identified as "Ashok Kumar"—and a series of fraudulent intermediaries, restraining them from infringing on the company’s intellectual property and deceiving unsuspecting investors.
The lawsuit, INDmoney Tech Private Limited & Anr versus Ashok Kumar and Ors (CS(COMM) 744/2025) , exposes a sophisticated criminal operation. The plaintiffs alleged that the anonymous defendant, operating under the guise of fake identities and using the names of known investment professionals, had been impersonating INDmoney’s founder, Mr. Ashish Kashyap.
The modus operandi involved luring victims into WhatsApp and Telegram groups with promises of inflated investment returns. These rogue entities utilized counterfeit SEBI certificates, forged agreements, and malicious mobile applications designed to mimic the legitimate INDmoney and INDstocks platforms, effectively duping users into parting with significant sums of money.
Given the urgency of the situation and the ongoing financial harm, Justice Manmeet Pritam Singh Arora allowed an exemption from pre-institution mediation, citing the principle established in Yamini Manohar v. T.K.D. Krithi (2024) . The court noted the necessity of immediate relief to protect both the plaintiffs' goodwill and the public at large.
The order mandates that a wide array of stakeholders—including domain registrars, Google LLC, Apple, and various banks—take immediate action to sever the backbone of this operation.
The Court’s ruling highlights the depth of the deception and the necessity for a firm judicial response:
> "This Court is prima facie satisfied that Defendant No. 1/unknown person by making unauthorised use of the Plaintiffs’ trademarks has been luring unsuspecting users to invest monies with the said Defendant No. 1."
> "The actions of Defendant No. 1 are misleading unsuspecting customers, resulting in them sharing their confidential information and spending their hard-earned money on these infringing platforms."
> "This Court is therefore satisfied that the balance of convenience is in favour of the Plaintiffs and irreparable injury is being caused to the Plaintiffs due to the illegal actions of the Defendant No. 1/unknown user."
The High Court’s directions are sweeping in their scope:
* Digital Takedowns : Major platforms, including Google and Apple, are ordered to suspend identified mobile applications, while domain registrars must block the malicious websites listed in the annexures.
* Communication Blockade : WhatsApp and Telegram are directed to delete the specific telephone numbers and messaging groups used to perpetrate the fraud.
* Financial Freeze : An extensive list of bank accounts identified as recipient accounts for the fraudulent funds must be frozen, with the respective banks directed to produce KYC documents and transaction statements for further investigation.
* Criminal Investigative Oversight : The National Cyber Cell and the Cyber Police Station, South Gurugram, have been tasked with providing a status report on the ongoing investigations into the rogue defendants.
This order serves as a stern warning against the creative and harmful use of virtual impersonation. By forcing intermediaries to actively participate in the removal of illegal content, the Delhi High Court has demonstrated the judiciary’s capacity to adapt to the fast-evolving threats posed by digital financial crimes. The matter is set for further consideration on December 17, 2025.
impersonation - financial-scam - digital-platforms - unauthorized-trading - identity-theft - interim-injunction
#TrademarkInfringement #CyberFraud
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