Delhi High Court Grants Ad-Interim Injunction Restraining Use of GeM Trademark: CS (COMM) 1379/2025

The Delhi High Court has taken firm action against the unauthorized use of the 'Government e Marketplace' (GeM) brand, issuing an ad-interim injunction against several entities involved in deceptive practices. Justice Manmeet Pritam Singh Arora, presiding over the matter, underscored the need to prevent public deception and the illicit extraction of data by entities masquerading as official government associates.

Safeguarding the National Procurement Portal

The Government e Marketplace (GeM) is a critical non-profit organization under the Ministry of Commerce and Industry, serving as the central hub for public procurement in India. Since its inception in 2016, GeM has facilitated digital, transparent transactions for government bodies. However, the plaintiff recently uncovered a sophisticated, coordinated misuse of its trademarks.

The lawsuit alleges that various defendants were engaging in "cybersquatting, cyber-impersonation, and infringement," by operating websites and social media accounts that mimicked the official GeM platform. These entities were reportedly issuing fraudulent training certificates, collecting illegal registration fees, and harvesting sensitive personal data from unsuspecting citizens under the guise of an official connection to the government portal.

The Court’s Analysis

The court observed that the defendants’ activities were not merely trademark violations, but a broader attempt to monetize the reputation of a national service. By utilizing the 'GeM' name within domain names and email addresses, these entities created a veneer of legitimacy that caused irreparable harm to the platform's brand equity and public trust.

Justice Arora highlighted the severity of this "dishonest" conduct, noting that it directly threatened the integrity of government procurement.

Key Observations

The court's decision was anchored in the evidence demonstrating clear bad faith by the defendants. In her order, Justice Arora remarked:

• "Such unauthorised use of plaintiff’s trademarks is ex-facie dishonest, likely to cause confusion and deception amongst users of the government platform, and results in dilution of the plaintiff’s marks causing irreparable injury to the plaintiff."
• "The defendant nos. 62, 63, 66 and 67... are unlawfully and prominently using the plaintiff’s trade mark, logo and label ‘GOVERNMENT E MARKETPLACE’, to falsely project official association so as to extract money and sensitive data from the unwary public."

Sweeping Directives

The Court has granted a comprehensive injunction against defendants 62 through 67, restraining them from using the GeM trademark or any deceptively similar variations in their domain names, social media handles, or promotional material.

Crucially, the Court has also issued technical directives to intermediaries to dismantle the infrastructure supporting these deceptive services: * KYC Disclosure: Telecommunications providers including Jio and Vodafone have been ordered to disclose KYC details of the individuals operating the infringing sites. * Domain Suspension: Hostinger and GoDaddy were directed to lock and suspend specific domain names—including gemconsultantshreesankar.com , entiregemsolutions.com , and gemexpert.in —that were utilized for the illegal activities. * Service Takedowns: Major platforms, including Amazon and IAMEM, have been tasked with suspending specific webpages that hosted the infringing content.

Impact on Future Cases

This order serves as a robust precedent for public sector organizations tackling the rise of digital impersonation. By combining a trademark injunction with specific orders for technical service takedowns and identity disclosure, the Delhi High Court has provided a roadmap for protecting governmental digital assets from opportunistic fraud. The matter is now listed for further consideration on February 2, 2026, pending the response of remaining defendants and the compliance reports of service providers.