The Delhi High Court has stepped in to protect the artistic rights and goodwill of Ghar Soaps, a natural and chemical-free skincare brand, by passing a John Doe order. The order was aimed at stopping counterfeit sellers on e-commerce platforms from using deceptively similar packaging and branding to sell fake products. The Court also directed major platforms like Amazon and Flipkart to block infringing listings.

To give context, a “John Doe’’ order is a court order that allows a plaintiff to take legal action against an unknown or unidentified defendant , using “John Doe’’as a placeholder for the unknown individual or entity.These orders are typically used in cases of intellectual property, cybercrime and other violations where the perpetrators are anonymous, providing a way for right holders to protect their work or property without the delay of identifying everyone involved.

Facts:

YMI Ghar Soaps Pvt. Ltd., the Plaintiff, approached the Delhi High Court alleging trademark and copyright infringement against several unknown defendants.

A market investigation revealed that counterfeit products were being sold on e-commerce platforms with packaging, titles, metadata, and presentation deceptively similar to that of Ghar Soaps.

The Plaintiff pointed out that marks such as “GHOR SOAP” and “HAMARE GHAR KA SOAP” were being used by these sellers to unlawfully ride on the goodwill and reputation of Ghar Soaps.

It was further alleged that the e-commerce platforms were enabling such unauthorized sellers by permitting them to “latch on” to Ghar Soaps’ branding and images.

The counterfeit products, often inferior in quality, were being sold at lower prices, thereby misleading consumers.

Judge’s Observations:

Justice Manmeet Pritam Singh Arora observed that the Plaintiff’s trademark ‘GHAR SOAPS’ had acquired substantial goodwill and recognition in the market. The Court noted:

“The distinctive qualities of ‘Ghar Soaps’ products, coupled with their unique presentation and marketing, enabled the Plaintiff- YMI Ghar Soaps Private Limited, to develop a ‘strong brand association’ in minds of the public.”

The Court held that the acts of the unidentified defendants were mala fide, as they were attempting to exploit the brand’s goodwill by illegally listing counterfeit products.

The court also observed that an ordinary consumer would not be able to differentiate between the genuine and counterfeit goods, making the “likelihood of confusion… inevitable.”

Directing strict action, the Court ordered e-commerce platforms like Amazon, Flipkart, and others to block or suspend infringing listings, including those relating to John Doe defendants.

The bench stated:“In case, any other third party is found to be infringing upon/violating the Plaintiff's brand and business and packaging, Plaintiff will be at liberty to approach Defendant Nos. 12, 14 and 15 for suspending the said infringing listing by making a written request addressed to the grievance officer and copied to the counsel appearing in this matter.”

The Court also clarified that genuine sellers who may have been mistakenly blocked could seek relief:

“If any seller, which is not primarily an infringing seller, is blocked in pursuance of the present order, it is permitted to approach this Court by giving an undertaking that it does not intend to do any illegal selling of any counterfeit goods, and the Court would consider modifying the injunction accordingly.”

The matter is scheduled to be heard next on November 25.

Case Status: YMI GHAR SOAPS PRIVATE LIMITED v. ASHOK KUMAR TRADING AS BENDIST EXPORT HAMARE GHAR KA SOAPS & ORS