Interim relief to INDmoney in trade mark infringement case: Del HC
Delhi High Court: In a suit for permanent and mandatory injunction filed by INDmoney, alleging that defendant 1 had infringed their registered trade mark and scammed unsuspecting customers out of their hard-earned money, the Single Judge Bench of Manmeet Pritam Singh Arora, J, held that the illegal use of INDmoney’s trade mark by defendant 1 amounted to infringement of the registered trade mark. Therefore, the Court restrained defendant 1 and its representatives from using INDmoney’s trade mark, word mark or any deceptively or confusingly similar mark, in any manner that would constitute trade mark infringement, passing off or misappropriation of INDmoney’s registered trade mark and services.
Background
Plaintiff 1 (INDmoney) develops and manages digital platforms that offer a wide range of financial services such as investment services, financial analytics, financial tracking, and financial distribution services
INDmoney is the registered owner of the trade mark
‘INDmoney’, , and
Plaintiff 2 is a depository participant, research analyst and a registered stockbroker with Securities and Exchange Board of India. Plaintiff 2 is the registered proprietor for the brand/trade mark .
Defendant 1, named as Ashok Kumar in the memo of parties, is an unknown person who, without authorisation and prior permission, was advertising and offering services using the registered trade mark of INDmoney. Defendant 1 also used fictitious identities, impersonating well-known individuals and investment advisors including the proprietor of INDmoney to lure customers into social media groups on platforms like WhatsApp and Telegram, with false promises of securing inflated return on investments through block trading, IPOs and stock tips.
INDmoney submitted that they had taken proactive measures to warn the public about the fraudulent activities of various unknown entities/fraudsters by publishing, posting and circulating warnings on their blog, website and YouTube channel. INDmoney further averred that defendant 1 circulated forged SEBI registration certificates, fake agreements, and counterfeit loan documents to the unsuspecting users, as well as deployed fraudulent mobile apps that imitate INDmoney’s trademarks.
INDmoney also stated that the websites and mobile applications launched by defendant 1 were unauthorizedly using and displaying the registered trademarks as well as images, pictures and photographs contained on INDmoney’s website, which misled the users to believe that they were dealing with INDmoney.
Analysis, Law and Decision
The Court noted that defendant 1 had been luring unsuspecting users to invest monies with him by unauthorizedly using INDmoney’s trade mark. The activities of defendant 1 infringed upon the trade marks of INDmoney and their continued presence would cause prejudice and harm INDmoney’s business. The actions of defendant 1 were misleading unsuspecting customers, resulting in them sharing their confidential information and spending their hard-earned money on these infringing platforms. Evidently, defendant 1was trying to create the impression that their websites and social media groups, were associated with INDmoney.
The Court therefore opined that the balance of convenience was in favour of the Plaintiffs and irreparable injury was being caused to the Plaintiffs due to the illegal actions of defendant 1.
Accordingly, the Court restrained defendant 1, its representatives and agents from infringing INDmoney’s trademark, word mark or using any other deceptively or confusingly similar marks. The Court also directed Google LLC, Apple India Private Limited and other websites and platforms to take down, remove, block or suspend the domains and URLs of Defendant 1’s websites and mobile applications. The Court also directed WhatsApp LLC and Telegram to block, suspend or delete the telephone numbers and telegram links associated with Defendant 1.
The matter was further listed for 17-12-2025.
[Indmoney Tech Pvt. Ltd. v. Ashok Kumar, CS(COMM) No. 744 of 2025, decided on 28-7-2025]
Advocates who appeared in this case:
For the Plaintiff: Kripa Pandit, Navreet Kaur, Avijit Sharma, Christopher Thomas, Pranjali Arya, Bhaanu Gupta, Advocates
For the Defendant: Mohit Singh, Shivika Mattoo, Madhav Khosla, Vihan Dang, Anuparna Chatterjee, Aditya Mathur, Advocates