June 16, 2024

Issuing a temporary restraining order in favor of Tata Sons in its case regarding trademark violation, the court instructed the infringing party to promptly take down the hoax website

Delhi HC commands shutdown of ‘deceptive Ponzi scheme webpage’ masquerading as Tata Sons, enticing customers to pour in investments

The Delhi High Court has dictated the closure of a “misleading website” posing as Tata Sons Private Limited, and enticing potential investors to participate in their Ponzi investment scheme.

The deceptive website, functioning under the domain “www.tatarestart.com,” was alleged by Tata Sons to bait unsuspecting investors with the lure of exceedingly high financial returns.

Justice Sanjeev Narula issued an order for a provisional injunction against Tata Restart, the organization managing the website, compelling it to halt the usage of the “Tata” brand name or any symbols resembling those secured by Tata Sons. The court ruling mandated the prompt shutdown of the website and directed the domain name registrar to obstruct or postpone the domain.

The court’s verdict was reached after Tata Sons demonstrated instances of trademark infringement, referencing the unwarranted usage of the “Tata” trademark, which could potentially mislead and defraud shoppers.

The court emphasized that the domain and the symbol “TATA RESTART” were not only deceitfully similar to Tata Sons’ own registered domain and trademarks but also suggested dishonest intentions in their usage.

In its judgment, the court asserted: “The usage of Plaintiff’s trademark on the fraudulent site, as shown in pictures above, is bound to create customer confusion and association with Plaintiff since Defendant No.1 has fully incorporated the Plaintiff’s protected mark ‘TATA’ in its website domain www.tatarestart.com, and marks ‘TATA RESTART’.”

The court additionally observed that without the injunction, Tata Sons would likely face irrevocable damage, confirming that the balance of convenience was in favor of the plaintiff.

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