The Delhi High court on Thursday granted Reliance Industries Limited an interim injunction against OLX India and Quikr and restrained them from publishing certain advertisements allegedly causing harm to the company’s goodwill and reputation.
The case of the plaintiffs in the suit with OLX was that OLX India and another defendant, who are web portals, were causing immense harm and irreparable injury to the plaintiffs’ goodwill and reputation as on the defendants’ web portal fake and fraudulent recruitment advertisements are being published which are accessible under the various words i.e. Jio Jobs, Reliance Trends jobs etc. infringing the plaintiffs’ trademark and trade name Jio and Reliance.
“Considering the averments in the plaint and the application, the plaintiffs have made out a prima facie case in their favour and in case no ad- interim injunction is granted they would suffer an irreparable loss. Balance of convenience also lies in favour of the plaintiffs." The order passed by Justice Mukta Gupta reads.
Reliance Industries and other plaintiffs had mentioned four links where its trade name and trademarks were being infringed, number of innocent job seekers were duped and money was being extorted from them.
The plaintiffs submitted that they came to know about these activities after some of the job seekers when one person filed a complaint wherein it was revealed that the persons/entities using the URLs number as noted above are misusing the two trademarks/trade names Jio and Reliance and inducing the gullible job seekers to be victims of extortion, the order said.
OLX India had stated that they have also added filters with the words JIO and RELIANCE so that in future nobody can misuse the platform of the defendants with these false and fictitious advertisement so as to defraud the job seekers and infringe the plaintiff's trademarks/trade names.
The defendants had also submitted that on receipt of the claim suit, the 3 URLs mentioned had been removed and due to some technical reason 1 URL mentioned could not be removed, and the technical team of the defendants is in the process of removing the URL mentioned at, and the same will be removed from the portal within 24 hours.
The court has further directed the defendants to file the written statement and reply affidavit to indicate the process implemented by them as also the due diligence carried out, and precautions taken so that the platform of the defendants is not misused and illegal advertisements posted thereon.
The matter would next be heard on 21 September.
In the separate case with Quikr, Reliance had alleged that Quikr’s web portal fake and fraudulent advertisements are available which are luring innocent job seekers into fake and fraudulent assurance for jobs, besides infringing the plaintiffs’ registered trademarks and trade names, that is, Jio and Reliance including in its variations. Quikr’s counsel had argued that the listings on the defendant's portal are automatic and in view of the large number of people listing their advertisements on the defendant's web portal and the system being auto generated, the defendant has no mechanism to ascertain the authenticity of the third parties and as and when any party lodges a complaint the defendant pulls down the said URL. He further stated that in view of the defendant's having informed that these two URLs posted on the defendant's website are fake, the defendant would immediately pull down the two URLs.