Court orders domain registrar to take down infringing site and disclose registrant details, recognizing plaintiff's exclusive rights over the "EXPERION" mark and condemning deceptive practices
In a significant judgment dated October 16, 2026, the Delhi High Court, presided over by Mr. Tejas Karia, J., granted an ex parte ad-interim injunction in favor of Experion Developers Pvt. Ltd., a leading real estate developer, restraining a defendant from infringing its registered trademark "EXPERION" and related marks. The Court found that the defendant, Ishu Singh, operated an infringing website "www.experionemerellereserve.in" which used the plaintiff's mark without authorization and falsely projected itself as an authorized channel partner of Experion Developers. This deceptive conduct was held to cause confusion in the market and dilute the goodwill associated with the plaintiff's mark.
The plaintiff, Experion Developers Pvt. Ltd., has been engaged in real estate development since 2006 and has registered multiple trademarks bearing the "EXPERION" name and logo since 2011. These marks are associated with several prominent projects across India, including "Experion Virsa," "Experion Capital," and others, with a substantial turnover exceeding Rs. 927 crore in the financial year 2023-2024. The plaintiff also holds the domain "www.experion.co" since 2011, which hosts its official website.
The dispute arose when the plaintiff discovered the infringing website that advertised an upcoming project under the name "EXPERION EMERELLE RESERVE," a project which the plaintiff had only recently applied for registration with RERA and had not yet publicly disclosed any details. The defendant's website displayed misleading information about this project and falsely claimed authorized partnership status, attempting to mislead consumers and ride on the established goodwill of the plaintiff.
Given the urgency, the Court exempted the plaintiff from the pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015, relying on the Supreme Court's decision in Yamini Manohar v. T.K.D. Krithi (2023). The Court also granted exemption from advance service of summons to the defendant due to the unavailability of complete contact details, directing the domain registrar, Endurance International Group India Pvt. Ltd., to disable the infringing website within 72 hours and to furnish subscriber information in a sealed cover within two weeks.
The Court observed that the defendant's use of the plaintiff's trademarks was prima facie dishonest and constituted infringement, passing off, and unfair competition. The balance of convenience and irreparable harm clearly favored the plaintiff, necessitating immediate injunctive relief. The defendant, its agents, and associates were restrained from using the "EXPERION" marks, the infringing domain name, or any deceptively similar marks in any manner.
Furthermore, the Court allowed the plaintiff to file additional documents and granted two weeks' time to deposit the requisite court fees. The matter is listed for further hearing on February 3, 2027.
This judgment underscores the judiciary's robust stance against trademark infringement and deceptive practices in the digital space, emphasizing protection of intellectual property rights and consumer trust.
Bottom Line:
Trade mark infringement and passing off - Plaintiff, registered proprietor of "EXPERION" and allied marks, granted ex parte ad-interim injunction against operator of infringing website using "EXPERION EMERELLE RESERVE" and falsely projecting itself as authorised channel partner - Domain registrar directed to take down and block infringing website and disclose subscriber details in sealed cover - Exemption from pre-institution mediation granted in view of urgent interim relief.
Statutory provision(s):
Trade Marks Act, 1999; Commercial Courts Act, 2015 Section 12A; Code of Civil Procedure, 1908 Sections 149, 151; Order XI Rule 1(4) CPC; Order XXXIX Rule 1 and 2 CPC
Experion Developers Pvt. Ltd. v. Ishu Singh, (Delhi) : Law Finder Doc Id # 3000434
