Delhi High Court directs blocking of website offering fake 'work from home' jobs

The Delhi High Court has directed the immediate blocking of a fraudulent website registered under the domain name 'https://india-mart.co/', engaged in the practice of duping the public by offering work-from-home jobs upon payment of an initial application fee. (Indiamart Intermesh Ltd. v. Sameer Samim Khan).Justice Pratibha Singh passed an ex-parte ad interim injunction in favour of Indiamart, a business-to-business (B2B) portal providing an internet-based marketplace with free and paid listings for the promotion of industry, products and services.The Court observed that the defendant's website is clearly passing off and indulging in fraudulent activities by misrepresenting itself as an Indiamart representative and collecting sums of money in exchange for job opportunities."It is clear to the Court that Defendant No.1 is completely passing off and indulging in fraudulent activity by showcasing himself as the Plaintiff/ Plaintiff’s representative and collecting various sums of money by allegedly offering job opportunities," the Court noted..It thus held that Indiamart had successfully made out a prima facie case for grant of an injunction."If the activities of Defendant No.1 are not nipped in the bud, irreparable injury would be caused not only to the Plaintiff, but also to public at large that may be deceived by the fraudulent activities of Defendant No.1," the order stated.Accordingly, the Court restrained the defendant's website from using the mark, name or domain name, ‘INDIAMART’ or any other mark or name or domain name which is identical or confusingly/deceptively similar, till the next date of hearing.Additionally, the Court ordered the immediate blocking of the fraudulent website and the locking and suspension of the domain name, https://india-mart.co/.The Court also asked the domain name registrar, GoDaddy, to place on record the details of the person who had registered the domain name, within a week.Further, the Assistant Commissioner of Police, Cyber Crime Unit was directed to conduct an investigation into the matter and file a status report by the next date of hearing.Counsel for Union Bank of India assured the Court that the bank account of the defendant shall be immediately frozen.The matter will be heard next on September 27, 2022..Indiamart claimed that the defendant, Sameer Samim Khan, had started a website under the domain name 'https://india-mart.co/' and was fraudulently offering jobs using the 'Indiamart' mark and name in an unauthorised manner.It was submitted that on the said website, Khan was luring gullible persons and offering them ‘work from home’ jobs under ‘Indiamart’s Data Entry Project’. For the said purpose, it was also offering various plans which could be availed by anyone after payment of application fees of ₹899 - ₹1199..Advocates Sidharth Chopra, Nitin Sharma, Deepika, Naman Tandon and Yatinder Garg appeared for Indiamart. Advocate Nazia Parveen represented Union Bank of India, while Advocate Hetu Arora Sethi appeared for the Delhi Police and Advocate Raman Lamba appeared for the Intelligence Fusion & Strategic Operations (IFSO) of the Delhi Police..[Read order]