Bombinate Technologies runs the India-made microblogging platform Koo (like Twitter). A bunch of other companies have cropped up and are using Koo to promote their products—Koo Coin, Koo Network, Indian Creatives Koo Tweet, etc.

Bombinate approached the High Court of Delhi. Justice M Singh, said in her verdict that “a perusal of these applications, websites and other documents, placed on record, clearly shows that the intention of the defendants is to misuse the plaintiff’s registered mark and name. They are consciously misleading customers in the sense that there exists a genuine cryptocurrency platform or a digital currency platform associated with the plaintiff.”

The verdict further noted: “The connection with the plaintiff is being sought to be established by using the name and similar bird device marks. At present, it is clear that there are a large number of internet users who may be trying to access the defendants’ platforms on the ground that the defendants are somehow connected to the plaintiff.”

Therefore, “in order to protect the rights of users who may be investing monies on these platforms, as also to prevent any further confusion, this Court is of the opinion that the plaintiff has made out a prima facie case for grant of an injunction. Balance of convenience and irreparable injury is also in favour of the plaintiff, especially, because it involves thousands of customers on the internet, who could be deceived into believing that the defendants’ platforms are connected with the plaintiff’s. Accordingly, till the next date of hearing, the Ministry of Electronics and Information Technology (MEITY) is directed to block these three websites and issue immediate directions to the ISPs to block the same.”

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