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2025 Supreme(Online)(Del) 46957

IN THE HIGH COURT OF DELHI AT NEW DELHI
MR KONIDALA PAWAN KALYAN VS. ASHOK KUMAR JOHN DOE & ORS.
CS(COMM) 1379/2025 | I.A. 32113/2025 | I.A. 32112/2025 | I.A. 32111/2025 | I.A. 32110/2025 | I.A. 32109/2025 | I.A. 32108/2025 | I.A. 32107/2025



Advocates:
For the Appellants/Petitioners: [Sagar Chandra]
For the Respondents: [Varun Pathak, Mamta Rani Jha]

The case establishes that unauthorised use of registered trademarks of a government entity in domain names and online platforms constitutes a prima facie case of infringement, passing off, and irreparable injury.

Headnote:(A) Trade Marks Act, 1999 - Copyright Act, 1957 - Commercial Courts Act, 2015 - Section 12A - Code of Civil Procedure, 1908 - Sections 80, 149, 151 - Order XI Rule 1(4) - Order XXXIX Rules 1, 2, 3 - The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 - Permanent injunction sought to restrain infringement of trademark and copyright, passing off, and other ancillary reliefs.

(B) Unauthorised use of registered trademarks and logos - Prima facie case of infringement established - Dishonest adoption of plaintiff's mark as domain names and on websites - Likelihood of confusion and deception - Irreparable injury. (Para 38)

Facts of the case:
The plaintiff, a non-profit company under the Ministry of Commerce and Industry, operates the Government e Marketplace (GeM) portal since 2016. In October 2025, the plaintiff discovered a coordinated misuse of its trademarks by defendants, including fake training certificates, unlawful fee collection, and data extraction, through websites and social media accounts falsely projecting official association.

Findings of Court:
The court found that defendant nos. 62-67, without authority, used plaintiff's registered trade marks, logos, and domain names containing 'GeM' or 'GOVERNMENT E MARKETPLACE', establishing a prima facie case of infringement.

Issues: Whether the defendants' unauthorised use of plaintiff's registered trademarks constitutes infringement, passing off, and cyber-squatting. Whether an interim injunction and related directions should be granted.

Ratio Decidendi: The court ruled that the unauthorised and dishonest use of plaintiff's registered trademarks by the defendants for similar services constitutes a prima facie case of infringement. The use of such marks in domain names and on websites to extract money and data from the public likely causes confusion and deception, resulting in irreparable injury.

Result: Interim injunction granted against defendant nos. 62-67. Directions issued to various intermediaries to disclose KYC details, suspend domain names, and take down infringing content.

O R D E R

I.A. 32113/2025 (seeking leave to file requisite court fee)

1. This is an application filed under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’] seeking leave to file the requisite court fees within one (1) week.

2. Since the court fees stand deposited, the application has become infructuous and accordingly, disposed of.

I.A. 32112/2025 (seeking exemption from serving advance copy)

3. This is an application filed under Section 151 of CPC seeking exemption to serve advance copy of suit paper book on the defendant nos.

17, 18, 20, 22-24, 26, 27, 29-31, 34-36, 38-46, 48, 55, 58, 59, 61 and 82.

4. In view of the fact that the plaintiff has sought an urgent ad-interim injunction, the exemption from effecting advance service upon the said defendants is granted.

5. Accordingly, the application stands disposed of.

I.A. 32111/2025 (seeking exemption from Section 80 CPC)

6. This is an application filed under Section 151 of CPC seeking exemption from serving two (2) months’ notice upon defendant nos. 79-81 under Section 80 of CPC.

7. For the reasons stated in the application and considering that these defendants are proforma defendants, the exemption is granted.

8. The application stands disposed of.

I.A. 32110/2025 (seeking exemption from pre-litigation mediation)

9. This is an application filed under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from instituting pre-litigation mediation.

10. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi , ((2024) 5 SCC 815), exemption from the requirement of pre institution mediation is granted to the plaintiff.

11. Accordingly, the application stands disposed of.

I.A. 32109/2025 (seeking exemption from filing clear copies)

12. This is an application filed under Section 151 of CPC seeking exemption from filing clearer, typed, translated copies, vernacular and

originals of certain documents.

13. Subject to the plaintiff filing clearer, typed, translated copies, vernacular and originals of certain documents within a period of 30 days from today, exemption is granted for the present, failing which, the plaintiff will not be entitled to rely upon these documents.

14. Accordingly, the application is disposed of.

I.A. 32108/2025 (seeking leave to file additional documents)

15. This is an application filed under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC’) [as amended by the Commercial Courts Act, 2015] read with Section 151 CPC seeking leave to file additional documents within thirty (30) days.

16. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018.

17. Accordingly, the application is disposed of.

CS(COMM) 1379/2025

18. The present suit has been filed seeking permanent injunction restraining the infringement of trademark, copyright, passing off along with other ancillary reliefs.

19. The plaint be registered as a suit.

20. Issue summons to the defendants nos. 62 to 67 by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.

21. The defendants will file the written statement(s) within thirty (30) days. The defendants shall also file affidavit(s) of admission/denial of the

documents filed by the plaintiff, failing which the written statement(s) shall not be taken on record.

22. The plaintiff is at liberty to file replication thereto within thirty (30) days after filing the written statement(s). The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by defendants, failing which the replication shall not be taken on record.

23. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerne

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