The Delhi High Court has issued a John Doe order to safeguard the copyright of the original artistic work and the trademark registered in the name of Indian fashion designer Rahul Mishra.

Justice Amit Bansal issued an injunction restraining the sale, manufacturing, and advertising of counterfeit dresses and outfits that are replicas of Mishra's designs, under the registered trademark "Rahul Mishra." This includes any such activities on the internet and e-commerce platforms.

The Court issued an ad interim ex parte injunction in favor of Mishra in his lawsuit against John Doe—unknown individuals engaged in selling counterfeit dresses through the website 'www.rahudress.com' at discounted prices. Mishra argued that the defendants had copied identical images and photographs, presenting them as products of the Rahul Mishra brand on the disputed website.

It was argued that the defendants were offering counterfeit dresses at significantly low prices, leading to copyright infringement of the original artistic work in the photographs, as well as the designs of the dresses, which were eligible for registration under the Designs Act, 2000.

The Court observed that Mishra is the registered proprietor of the trademark "Rahul Mishra" and holds the copyright in both the original artistic works and the designs of the dresses under the Copyright Act, 1957.

“This court therefore is of the opinion that the plaintiffs have been able to make out a prima facie case for grant of an ex-parte ad-interim injunction, which is also a dynamic injunction. The balance of convenience lies in favour of the plaintiffs and against the defendants. Irreparable injury shall be caused to the plaintiffs if the interim injunction is not granted,” the Court said.

It further directed the DNR to immediately lock and suspend the domain name ' www.rahudress.com' and maintain the status quo.

“The defendant no.2 shall also disclose to the plaintiffs, complete details (such as: Name, Address, Email Address, Phone Number, IP Address etc.) of the defendant no.1 as available with it,” the Court said.

The matter will now be heard on April 07.

Title: RAHUL MISHRA & ANR. v. JOHN DOE & ANR