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JOHN DOE INJUNCTION ORDER
17-04-2025 12:29:25 | APS Judicial Academy

RAHUL MISHRA & ANR. v. JOHN DOE & ANR (2025) DELHI HIGH COURT
Timeline of Key Events

  • 2009-Plaintiffs registered their official domain name, www.rahulmishra.in.
  • 2024- Plaintiffs discovered counterfeit sales on www.rahudress.com.
  • Delhi HC grants ex-parte dynamic injunction and directs domain suspension.
The Key Issue!
Whether a dynamic injunction could be granted ex-parte against anonymous infringers?
High Court’s Ruling
  • Justice Amit Bansal of the High Court of Delhi granted an ex-parte ad-interim injunction:
  • Injunction: Defendant No. 1 was prohibited from using the “RAHUL MISHRA” trademark or similar marks for selling or advertising goods, including online.
  • Website Suspension: Defendant No. 2 was ordered to lock and suspend www.rahudress.com immediately.
  • Disclosure: Defendant No. 2 was directed to provide all details of Defendant No. 1 (e.g., name, address, email, IP address) to the plaintiffs.
Key Reasoning 
  1. The plaintiffs established a strong prima facie case based on:
    • Registered Indian and international trademarks.
    • Copyright in original fashion photographs and garment designs.
    • Visual proof of replica sale using identical images from events like Paris Haute Couture Week and Indian Couture Week 2023.
2.     The Court held that allowing the fake website to continue would result in:
a.      Irreparable harm to brand value and consumer trust.
b.     Dilution of goodwill created over years through global recognition and exclusivity.
 3.     A dynamic injunction was necessary since the true identity of the infringer was unknown and could shift  across domains or platforms.        

Video Link: Watch our video breakdown here- https://youtube.com/live/-7nJwa0dRGs

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