Delhi High Court Orders Takedown Of Fake Website Misusing Experion's 'Emerelle Reserve' Mark

The Delhi High Court on 16 October allowed real estate developer Experion Developers Pvt. Ltd.'s application for an ad-interim injunction, restraining a website operator from using its “EXPERION” trademarks and directing the domain registrar to take down the website within 72 hours of receiving notice.

Justice Tejas Karia passed the order in a suit filed by Experion against Ishu Singh, the apparent registrant of www.experionemerellereserve.in, and Endurance International Group India Private Limited, the domain registrar. The Bench held:

“The use of the Plaintiff's Trade Mark 'EXPERION' and the name and mark of the Plaintiff's upcoming project, 'EXPERION EMERELLE RESERVE' by Defendant No. 1 on the Infringing Website is prima facie dishonest and nothing but an attempt to ride on the goodwill and reputation of the Plaintiff so as to cause confusion in the market.”

Experion told the Court that it has been engaged in real estate development since 2006 and adopted the “EXPERION” mark in 2011. It changed its corporate name from Gold Developers Private Limited to Experion Developers Private Limited in 2012. The company described “EXPERION” as an invented and inherently distinctive mark and claimed copyright in its original logo.

The dispute concerns Experion's upcoming residential project, “Experion Emerelle Reserve”, planned for Sector 88A near the Dwarka Expressway in Gurugram.

Experion submitted that it had only recently applied for RERA registration and had neither advertised the project nor disclosed its details on its website or elsewhere. However, the disputed website, registered on 7 October 2026, displayed information about the project, prominently used the “EXPERION” mark and represented itself as an authorised channel partner.

The company said it had not authorised the website operator to act as its channel partner and that the operator could not have legitimately accessed the project details.

The Court noted that Experion was the registered proprietor of its trademarks and had established long and continuous use of the marks since 2011, along with goodwill and reputation.

It further observed that the website operator was “not only displaying false and misleading information pertaining to a project of the Plaintiff whose details have not been disclosed by the Plaintiff, but is also falsely holding itself out as an authorised channel partner of the Plaintiff, where no such authorisation exists.”

It held that consumers could associate the website with Experion, “leading to erosion of consumer trust and dilution of the goodwill and reputation of the Plaintiff”. It found that the balance of convenience favoured Experion and that the company would suffer irreparable injury without interim relief.

Accordingly, the High Court restrained the website operator and all persons acting on its behalf from using the “EXPERION” word mark or logos, including “EXPERION EMERELLE RESERVE”, or any identical or deceptively similar mark in connection with goods or services, online or offline, whether as a trademark or domain name, until the next date of hearing. It also directed the domain registrar to remove, disable and block the website within 72 hours of receiving notice.

The suit will be listed before the Court on 3 February 2027 and before the Joint Registrar on 22 December 2026 for completion of service and pleadings.