The Delhi High Court has restrained a firm from using the trademark 'Limeroad', observing that prima facie it is a case of infringement, fraud and cheating.
Justice Manmohan directed several banks to forthwith freeze the bank accounts of the firm, which was restrained from using Limeroad's trademark, and neither accept any deposit into nor permit withdrawals from those accounts.
The court's interim order came on a suit filed by A M Marketplaces Pvt Ltd, which operates e-commerce marketplace under the flagship brand 'Limeroad' from the website with domain name 'www.limeroad.com' and through mobile application 'Limeroad Online Shopping App'.
Advocates Shwetasree Majumder, appearing for Limeroad, claimed that one Rohit Sharma and his firm were misrepresenting Limeroad and approaching its customers, posing themselves as belonging to its gift department.
Majumder, who was assisted by advocates Tanya Varma and Utkarsh Singh, also submitted that Sharma and his firm have been siphoning off money from the customers and were misleading them by their fraudulent activities and unauthorised use of the Limeroad trademark, besides tarnishing the goodwill of the plaintiff company.
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The court, in its order, said it was of the opinion that "a prima facie case of infringement, passing off, fraud and cheating is made out in favour of the plaintiff (A M Marketplaces Pvt Ltd) and the balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the plaintiffs if an interim order is not passed.
"Till further orders, defendants (Sharma and firm) and all other acting through them or on their behalf are restrained from using the plaintiff's trademark LIMEROAD as well as its composite marks, in any manner whatsoever."
It also directed domain name registrar GoDaddy.com LLC and the National Internet Exchange of India (NIXI) to forthwith suspend the domain www.limeroadwinner.in and to furnish full details of registrant of this domain.
The court also appointed two local commissioners to visit the premises of Sharma's firm which was also issued notice on the suit.
It was alleged in the suit that the plaintiff started receiving calls and emails in March from its customers complaining that they were getting calls and messages with callers posing themselves as executives from its 'gift department' and asking them to deposit some amount of money with a particular bank account to avail free gifts like Samsung LED TVs, cars, laptops and mobiles.
The domain from which messages were being sent also used 'LMRD' to duplicate Limeroad's SMS domain and mislead the customers, the plaint said.
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