The Delhi High Court has, in a suit filed by Federated Hermes Ltd. (“Plaintiff”), permanently restrained unknown defendants involved in unauthorized use of the Plaintiff’s registered Federated Hermes and Federated Hermes Device marks (“Federated Hermes Marks”).
The Plaintiff contended that the unknown defendants were operating fraudulent investment schemes through WhatsApp groups, their websites and mobile application FHT, and claim to represent the Plaintiff and impersonate one, Mr. Pankaj Tiberwal, a well-known investment professional who has no connection with the Plaintiff.
According to the Plaintiff, these unknown defendants were using WhatsApp groups to provide fraudulent stock trading and investment advice, purporting to offer live classes that promise high returns. Furthermore, the Plaintiff contended that victims were lured in, through these fraudulent websites and apps, to deposit sums of money into purported VIP Accounts falsely claiming to be associated with the Plaintiff. Moreover, the Plaintiff alleged that it has received various emails and messages from individuals informing the Plaintiff about these fraudulent schemes.
The Hon’ble Court noted that the unknown defendants, by way of their fraudulent activities, have wilfully and deliberately misappropriated Plaintiff’s Federated Hermes Marks to mislead and deceive users into believing that these services are associated with the Plaintiff and induced them to make payments and subscribe to their services under this false pretext. The Hon’ble Court further noted that the contesting defendants are unknown entities and have failed to take any requisite steps to contest the present suit or put forth any defence on merits, despite having suffered an ad-interim injunction vide order dated May 28, 2024. Accordingly, the Hon’ble Court decreed the suit in the Plaintiff’s favour granting a permanent injunction against the unknown defendants and restraining them from using the Federated Hermes Marks.
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