Delhi HC Directs Meesho to Remove Listings of Products Allegedly Infringing Jockey Trademark

Delhi HC Directs Meesho to Remove Listings of Products Allegedly Infringing Jockey Trademark

The Delhi High Court has directed e-commerce platform Meesho to remove listings of products that allegedly infringe the trademark of American apparel and innerwear brand Jockey, observing that the products appear deceptively similar to those sold under Jockey's registered mark.

The bench of Justice Jyoti Singh passed the interim order on May 29 after finding that Jockey had established a prima facie case of trademark infringement.

“The impugned marks are prima facie deceptively similar to JOCKEY, the registered trademark of the Plaintiff (Jockey) and is being used by the Defendants for identical products. The consumer base and trade channels being common, likelihood of confusion cannot be ruled out," the Court observed.

Jockey approached the High Court after discovering in January that products bearing the names "JOYKE", "JOYEBEE", "JOYESS" and "JOJOKE" were being sold on Meesho and other online platforms. The company claimed that these names closely resembled its registered trademark and were likely to mislead consumers.

The company also informed the Court that its private investigation revealed that one of the alleged infringers had initiated the process of securing trademark registration for one of the disputed marks.

According to Jockey, it had issued a cease-and-desist notice to the infringing company, but the company failed to stop using the marks. Jockey further submitted that Meesho declined to remove the allegedly infringing listings without a court order.

After considering the submissions, the Court granted an ex parte interim injunction restraining the defendants from manufacturing, marketing, advertising, offering for sale or selling products under the allegedly infringing marks.

The Court also directed Meesho to disable access to the URLs hosting the infringing product listings within 36 hours of receiving the order.

Additionally, the Court ordered Meesho to furnish the Know Your Customer (KYC) details, registered addresses, mobile numbers, UPI details, transaction records and IP logs of the alleged infringing sellers within four weeks.

The matter is next scheduled for hearing on September 24.

Advocates Saif Khan, Shobhit Agrawal and Diya Viswanath appeared for Jockey.

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