The John Doe order in India
There has been a recent John Doe order in India passed by the Delhi High Court in the case of Dabur India Limited v. Ashok Kumar & Ors. However, for normal civilians who are unusual with the terms of law and even for some freshly graduated in law, the terms ‘John Doe order’ is a little bit strange. So, what is the John Doe order in India and in general?
In the case of Dabur India Limited vs Ashok Kumar And Ors, the Delhi High Court passes a John Doe order in favor of Dabur in a trademark infringement suit against websites.
According to the information from the case, the Defendants committed trademark infringement against Dabur India Limited.
It is widely known that Dabur India Limited is a major player in India’s manufacturing industry, operating since 1884.
The Defendants infringed Dabur India’s intellectual property rights using websites and domain names bearing the latter’s well-known trademark “DABUR.” The sites that have been used to infringe the right of the company are https://www.daburdistributor.com and https://www.distributorships.com which also include terms like ©2021 Dabur Distributor and ©2020 Dabur Distributor.
However, as the identity of the domain name registrants is hidden, protected by the privacy protection features, the Defendants of the case are, strangely, unknown.
Not just the name but the sites also aim to trick the consumers by displaying Dabur’s products which include pharmaceuticals, toiletries, and food items.
There are also many signs of infringement but the case mainly focuses on the trademark infringement action on the grounds of passing off and unfair competition.
John Doe order
In the case of Dabur in India, a John Doe order is understood as an order passed when the violator’s identity is unknown.
However, what exactly is a John Doe order?
A John Doe order is a type of pre-infringement injunction used to safeguard the creator’s intellectual property rights in artistic works such as movies and songs.
It also has other names, such as the Rolling Anton Pillar, Anton Pillar, or Ashok Kumar order.
The idea behind the John Doe order was developed by the Court of Queen’s Bench in the United Kingdom as an extraordinary equitable remedy in which an injunction order is issued against an unknown defendant.
With the John Doe Order, the plaintiff will have the necessary means to search and seize the infringer’s premises with the goal of protecting the evidence that might be destroyed if the identification of the defendants is prolonged.
For India, the John Doe order concept is somewhat different from when it was created. Specifically, IP rights in India are established to protect the rights of those who invest in research and development.
However, with the previous laws of the country, it was insufficient to protect the rights of rights holders with the best possible methods involving trademarks, patents, copyright infringement, etc.
Accordingly, to best protect the interests of rights holders, the Indian courts have come up with many efforts, most notably the John Doe order.
According to Order 30 Rule 1 of the Code of Civil Procedure, if a petitioner has reason to believe that their information is used against their will for financial gain, they will have the right to petition the court for a John Doe order.
In addition, according to Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, the court has the authority to issue a John Doe order by issuing an injunction order.
The John Doe order has gained international recognition and internal acceptance as a method of enforcing intellectual property rights. Accordingly, although it is not clear if the John Doe order will have the same effects in India, there are a lot of prospects regarding this system as the means to protect rights holders’ rights.
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– You could see Procedure of Trademark in India here.
– You could visit here to see Required documents of filing trademark in India.
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