Delhi High Court Grants Interim Injunction Against Rogue Websites Misusing 'VIMAL' Trademark

The Delhi High Court, in a recent order, has temporarily restrained rogue websites and social media pages that were selling VIMAL gutka without authorisation, after finding a prima facie case of trademark infringement and passing off.

Justice Jyoti Singh was hearing a commercial suit filed by Vishnu and Company Trademarks Private Limited seeking protection of its trademark rights.

The company is the proprietor of the VIMAL family of trademarks, used for products such as pan masala, elaichi, and mouth fresheners. The trademark was originally adopted in 1986 and was later assigned to the company in 2007. The company stated that its business in India under the VIMAL brand is limited to two products, namely VIMAL Elaichi and Pan Masala (non-tobacco).

The company contended that the VIMAL brand has been widely promoted through print, electronic, and digital media, with well-known film actors endorsing the products. It also claimed copyright in the artistic works forming part of its trade dress and stated that it holds trademark registrations in India as well as in several foreign jurisdictions.

It was alleged that Dharmani Deni and another defendant, who had earlier been restrained by the court in a previous suit, once again created fake websites and social media pages falsely claiming to be authorised dealers of VIMAL products.

According to the company, the impugned websites closely mimicked the look and feel of its official website and even used forged images of brand ambassadors, causing serious damage to the goodwill and reputation associated with the VIMAL mark. The company therefore approached the court seeking restraint orders against the infringing activities.

The court observed that a prima facie case was made out that the impugned websites were fake and were misrepresenting themselves as being run by the company. “I am of the view that the Plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction,” the Court said.

Accordingly, the court granted an ex parte ad interim injunction restraining the infringing parties from using the registered VIMAL trademark or any deceptively similar mark on any platform. It also directed the concerned social media platforms and domain registrars to block the impugned websites, pages, and domain names.

For Plaintiff: Advocates Dushyant K Mahant and Vimlesh Kumar