Delhi High Court Orders Suspension of 126 'JIO LOTTERY' Websites for Trademark Infringement

In a decisive move to protect one of India's most valuable brands, the Delhi High Court has ordered the suspension of 126 websites operating under the 'JIO LOTTERY' name, finding that they prima facie satisfy the test of a "rogue website." The ad interim order, passed by Justice Purushaindra Kumar Kaurav on October 7, marks a significant step in curbing digital infringement of the well-known JIO trademark owned by Reliance Industries Limited.

The court's directive extends to domain registrars, requiring them to suspend the identified websites—including primary domains, mirror sites, and redirecting pages—until further orders. Additionally, the intermediary operating Blogger was directed to disable access to a specific webpage hosting infringing content, underscoring the judiciary's willingness to enforce trademark rights across various online platforms.

Background: The Menace of Brandjacking

The case stems from a suit filed by Reliance Industries, which alleged that multiple websites were using its registered and "well-known" JIO trademark in full, along with variations such as "JIO LOTTERY" and "JIO LOTTERY GAME." These sites, the company argued, offered lottery, gaming, payment-related, and allied services, creating a likelihood of confusion and deception among consumers.

Such "brandjacking" operations are not new, but the scale here—over 120 websites—highlights how cybercriminals exploit the reputation of established brands to lure unsuspecting users. The use of a famous trademark like JIO, which is synonymous with Reliance's telecom and digital services, amplifies the risk of reputational harm and financial loss. Reliance contended that the unauthorized use would dilute its trademark and injure its business, prompting the urgent need for judicial intervention.

The Rogue Website Test

Justice Kaurav relied on the precedent set in UTV Software Communication Ltd. v. 1337X.to , which established criteria for identifying "rogue websites." Under that test, a website is considered rogue if its primary purpose is to infringe copyright or trademark rights, and it operates in a manner that makes it difficult to trace the operator or enforce rights. The court observed that the JIO LOTTERY websites, by their very design and content, fit this description.

"These websites prima facie seem to satisfy the test of rogue website ," the court noted, signaling that the operators had engaged in systematic infringement. The finding is significant because it lowers the burden on trademark owners in interim proceedings —once a website is classified as rogue, courts are more willing to grant sweeping injunctions without requiring exhaustive evidence of each instance of infringement.

Relief Granted: A Sweeping Injunction

The court's interim order is comprehensive. It restrains the unknown website operators from registering, operating, controlling, maintaining, promoting, advertising, or using the JIO trademark, or any mark identical, near-identical, or deceptively similar. The injunction covers domain names, meta tags, keywords, and any other means of dealing with the impugned marks.

Domain registrars were directed to suspend the websites listed in Annexure A, which includes not only the primary domains but also mirror and redirecting sites, as well as websites with similar structures. This approach prevents operators from simply migrating to a new domain to continue their activities. Additionally, the intermediary operating Blogger was specifically ordered to disable access to and take down a webpage at www.jiokbcindia.blogspot.com along with all infringing content hosted on it.

The court set a timeline for the filing of replies (four weeks) and rejoinders (three weeks thereafter), with the next hearing scheduled for November 30, 2026. The suit will also come before the Joint Registrar on December 10, 2026, for marking of exhibits, indicating that the matter will proceed to trial even as the interim relief remains in force.

Legal Implications: Strengthening Trademark Enforcement in the Digital Age

This judgment reinforces the growing trend of Indian courts adopting a proactive stance against online trademark infringement. By applying the "rogue website" test—originally developed in copyright cases—to trademark disputes, the Delhi High Court has expanded the toolkit available to brand owners.

For legal practitioners, the case underscores the importance of presenting clear evidence of a website's primary infringing purpose. Factors such as the use of a well-known mark, the offering of similar services, and the difficulty in identifying the operator all weigh in favor of a rogue designation. This precedent could make it easier for companies to obtain interim injunctions against large-scale cybersquatting operations without needing to file multiple suits for each domain.

Moreover, the direction to domain registrars to suspend mirror and redirecting sites addresses a common evasion tactic. Previously, even if a primary domain was blocked, operators could redirect traffic through alternative domains. The court's explicit inclusion of these sites in the suspension order closes that loophole, providing more practical relief.

Impact on the Justice System: Balancing Rights and Procedural Fairness

While the order is a victory for intellectual property rights, it also raises questions about due process for website operators. Since the defendants are likely unknown or based abroad, they may not have received actual notice before the suspension. The court mitigated this by requiring the plaintiff to file replies within four weeks, allowing any appearing defendant to contest the injunction. However, in practice, many rogue website operators will not appear, and the interim order may effectively become permanent.

The case also highlights the role of intermediaries like Blogger in facilitating infringement. By ordering the take-down of a specific webpage, the court signals that hosting platforms must take responsibility for content that blatantly infringes trademarks. This aligns with the Information Technology Act's safe harbor provisions, which require intermediaries to disable access to infringing material upon receiving a court order or notification.

Conclusion: A Blueprint for Combating Digital Rogue Operations

The Delhi High Court's order against the JIO LOTTERY websites is a model for how courts can swiftly and effectively address large-scale trademark infringement in the digital sphere. By leveraging the rogue website test, issuing broad injunctions, and targeting intermediaries, the court has provided a practical remedy that goes beyond traditional cease-and-desist letters.

For Reliance Industries, the order protects a brand valued at billions of rupees, while for the legal community, it serves as a reminder that the law must evolve to meet the challenges of the internet age. As the case proceeds, it will be watched closely by intellectual property lawyers, domain registrars, and e-commerce platforms alike. The next hearing in 2026 will determine whether the interim relief becomes permanent, but for now, the message is clear: rogue websites that misuse famous trademarks face swift and severe consequences.