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Delhi HC Directs ISPs To Block Websites That Infringe WinZO’s Trademark

SUMMARY

The Delhi HC issued an injunction against all named and anonymous future unauthorised use of WinZO’s trademarks

The court also directed the Domain Name Registrars (DNRs) to reveal registration information of the infringing websites and block access to such platforms

The directives came in response to WinZO’s plea seeking a permanent injunction against the infringement of its registered trademarks by alleged illegal websites

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The Delhi High Court (HC) has reportedly directed internet service providers (ISPs) to block and remove unauthorised usage of gaming unicorn WinZO’s trademarks. 

According to The Economic Times, the HC on Thursday (January 11) issued an injunction against all named and anonymous future unauthorised use of the company’s trademarks. It also reportedly directed the Domain Name Registrars (DNRs) to reveal registration information of the infringing websites. 

Meanwhile, the HC also issued orders to ISPs, social media platforms and government agencies (MeitY and DoT) to prevent access to such infringing websites and other digital channels that could ‘mislead internet users’.

Legal action has been taken against websites that use the WinZO trademark or a similar mark in their domain names, have .apk extensions, or operate on social media platforms, the gaming platform reportedly said.

“… Today, brands have to ensure that they are continuously and closely monitoring the dynamic world of the internet to ensure that there is no misuse of their brand trust by illegal operators to mislead consumers. As entrepreneurs of new India, we aim to keep consumer protection at the heart of all our initiatives to build a safe, accountable, and trustable digital world,” WinZO cofounder Saumya Singh Rathore told the publication.

The directives came in response to WinZO filing a lawsuit seeking a permanent injunction against the infringement of its registered trademarks by alleged illegal websites. 

This also comes weeks after the Delhi HC issued a restraining order against a US-based company called Bajaar for building an app called ‘Winzos!’. The court said that the US-based entity infringed upon WinZO’s trademark and created confusion among users.

Prior to this in February last year, the Delhi HC dismissed an interim trademark infringement plea filed by WinZO against tech major Google for displaying a warning when a user tries to download its app.

In recent times, a slew of new-age Indian tech startups have been locked in multiple trademark infringement battles with peers or big tech companies. In late December 2023, a Delhi HC bench removed the injunction granted to traveltech major MakeMyTrip against Google and Booking.com for using registered trademarks as ‘keywords’ on the Google Ads Programme.

Prior to that in November, the HC, on MakeMyTrip’s plea, also restrained Dialmytrip from using the latter’s name in connection with tours, travel, hospitality, and related services. In October, the HC issued a notice to Hero MotoCorp seeking clarification over the usage of name ‘X440’ for its bike after EV startup Ultraviolette claimed ownership of the name. 

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