Western Digital Technologies, Inc. v. Sumit Pandey and Ors., CS (COMM) 240/21, Order dated November 9, 2021
Recently, Western Digital Technologies, Inc. (“Plaintiff”) successfully enforced its rights in the Delhi High Court against entities using infringing domain names and obtained a permanent injunction in its favour. The Plaintiff claimed to have used the WESTERN DIGITAL, WD and MY PASSPORT marks on/in relation to storage devices, software, media players, etc., since the years 1997, 1999 and 2008, respectively. The Plaintiff also averred to be the owner of various domain names incorporating these marks.
The Plaintiff stated that it received a consumer complaint informing it that the defendant was impersonating the Plaintiff and claiming to offer consumer support services for the Plaintiff’s products for a fee. The Plaintiff further stated that its review of the infringing website had revealed that the defendant was indeed misleading consumers into believing an association between the parties.
As per the Plaintiff, subsequent to the order dated May 27, 2021, by which the Court granted interim relief to the Plaintiff, the infringing domain names were transferred to the Plaintiff by WIPO. However, despite service of summons, the defendant, who is a habitual offender, has not appeared in the proceedings. The Plaintiff prayed that the Court pass an order directing the relevant authority to, upon the Plaintiff approaching it, suspend the infringing domain names with any other domain name extension. Lastly, the Plaintiff prayed that the Court decree the matter in its favour since it was not pressing for costs and/or damages.
The Court, in view of the aforesaid, decreed the suit with a permanent injunction in the Plaintiff’s favour.