The Delhi High Court has issued a John Doe order to safeguard the copyright and trademark of renowned Indian fashion designer Rahul Mishra. In a significant decision, Justice Amit Bansal has prohibited the production, distribution, and marketing of counterfeit gowns and ensembles replicating Mishra's original designs under the registered trademark "Rahul Mishra."
The Court's order applies to all mediums, including online platforms and e-commerce websites. The ruling came in response to a lawsuit filed by Mishra against unidentified individuals and entities allegedly involved in selling counterfeit dresses at steep discounts on the website www.rahudress.com.
Mishra's legal team argued that the defendants infringed on his copyright by using identical images and photos of his designs, falsely claiming them to be from the "Rahul Mishra" brand. According to the lawsuit, these actions violated not only the Copyright Act of 1957 but also the Designs Act of 2000, which safeguards registered artistic works.
The Court observed that Mishra holds the registered trademark "Rahul Mishra" and is the rightful owner of the copyright to his original artistic creations and garment designs. Justice Bansal stated:
"This Court believes that the plaintiffs have shown a strong enough case to grant an ex-parte ad interim injunction, which is also a dynamic injunction. Convenience weighs against the defendants and in favour of the plaintiffs. Denying the interim injunction would result in irreparable harm to the plaintiffs."
As part of the dynamic injunction, the Court directed the Domain Name Registrar (DNR) to immediately freeze and suspend the domain name www.rahudress.com. Additionally, the DNR has been instructed to disclose all available information about the domain's registrants, including names, addresses, phone numbers, email addresses, and IP addresses, to Rahul Mishra and his legal team.
This ruling underscores the judiciary's commitment to protecting intellectual property rights in the fashion industry, sending a strong message to counterfeiters and upholding the integrity of original artistic work in India.
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