Trademark Infringement and Unfair Trade Practices
Subject : Civil Law - Intellectual Property Rights
In a definitive move to combat digital impersonation and protect consumer interests, the High Court of Delhi has granted an ex-parte ad interim injunction in favor of Reliance Retail Limited. The move aims to dismantle an organized financial scam that has been riding on the goodwill of the company’s beauty and personal care brand, 'Tira'.
The case centers on 'Tira', a brand launched by Reliance Retail in April 2023. Since its inception, the brand has gained significant traction across both online and offline platforms. However, starting in May 2025, the company discovered a sophisticated ring of rogue entities masquerading as its representatives.
Using various mobile numbers and WhatsApp accounts, these fraudsters have been systematically targeting the company’s customers. The modus operandi involved offering fabricated promotional codes and fake gift cards, or intimidating customers with false claims of order cancellations or payment failures—all to extract payments via UPI. With over 8,919 consumer complaints reported across major Indian cities and financial losses exceeding INR 41 lakhs, the scale of the deceit necessitated urgent judicial intervention.
Represented by senior counsel, Reliance Retail emphasized that the defendants were engaged in blatant trademark infringement and passing-off, causing irreparable damage to the reputation of the 'Tira' brand. The plaintiff argued that the defendants' use of doctored employee and company ID cards was a calculated effort to create an aura of legitimacy for their financial crimes.
The court, presided over by Hon'ble Mr. Justice Saurabh Banerjee , acknowledged the gravity of the situation. It noted that the defendants were essentially utilizing "rogue mobile numbers" to cloak their identity while systematically defrauding innocent consumers.
The Court’s order resonates with a strong condemnation of the fraudulent activities. Highlighting the necessity of the injunction, Justice Banerjee observed:
To ensure the effectiveness of the injunction, the Court ordered a multi-layered crackdown:
1. Restraint: The defendants are strictly prohibited from using the 'Tira' trademark or any deceptive variants.
2. Infrastructure Blockade: Telecom Service Providers (TSPs) and WhatsApp have been directed to block the identified rogue mobile numbers and accounts and to disclose the subscriber information for these entities.
3. Financial Cleanup: The National Payments Corporation of India (NPCI) must suspend the UPI accounts and QR codes linked to these fraudulent transactions.
4. Government Compliance: The Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MEITY) were impleaded to oversee that the blocking orders are executed with precision.
This judgment serves as a significant precedent in the protection of commercial brands against digital-age fraud, signaling that the judiciary will not allow intellectual property rights to be reduced to “toothless tigers” when faced with evolving threats in the digital landscape. The matter is set for further review on November 6, 2025.
Trademark - Passing-off - Impersonation - Cyber-fraud - Injunction - Consumer-protection
#IntellectualProperty #TiraFraudCase
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