In a landmark action towards preventing online sale of fake products, the Indian judiciary has taken the strictest action against online infringement activities that were being carried out by an e-retail website.
INDIAN WEBSITE FLAGGED- www.Chupchaplelo.com
Online Investigation found that an e-retail website Chupchaplelo.com was selling fake goods of globally well-known brands which included some of the biggest athletic footwear & apparel companies and a couple of premium lifestyle companies dealing in apparel, home, accessories and fragrances. Test-purchases confirmed that the goods on this website were infringing the trademark of these global brands. After this finding, a combined action was taken by the right-holders against the website.ORDER OF THE COURT
Counsel for the Plaintiff – Mr. S.K. Bansal in his arguments, stressed on the Trans-border reputation of the global brands. Taking serious cognizance of the increasing menace of Online-counterfeiting, the court, in order to prevent such infringing activities in future provided for every possible remedy against the Defendants which are currently available under the IPR legislations in India by way of various directions to the Registrar as well as Web-hosting providers of the website. The court appointed a Local Commissioner (LC) to oversee the search and seizure of the infringing products and also restrained the defendants by way of an injunction-order. A complete take-down (blocking) of the entire online presence including social media accounts of chupchaplelo.com was ordered and effected successfully.
DIRECTIONS TO DEPARTMENT OF TELECOMMUNICATIONS (DOT)
The court also directed the Department of Telecommunication (DOT), Government of India, to block the web pages/URLs /other listing of chupchaplelo.com. This direction acted as a breakthrough as it meant that each and every URL containing contents of the infringed trademark will be blocked by the Ministry of Communications and Information Technology through all the (Internet Service Providers) ISPs of the country, as and when notified by the Plaintiff through its regular detailed investigations.
Court’s decision under the circumstances of the case acted as a positive proof of the enforcement mechanism of Intellectual property laws in India and the willingness of the court to go to the extra mile for protection of the right holders.