Introduction:

The Bombay High Court recently granted an ex-parte interim injunction against various entities running fake websites falsely claiming to offer PAN card services on behalf of UTI Infrastructure Technology and Services Limited (UTIITSL). Recognizing the national importance of PAN services, the court, in an interim application filed by UTIITSL, restrained identified and unknown defendants from infringing UTIITSL’s copyright and misleading the public through unauthorized websites.

Arguments of Both Sides:

UTIITSL, authorized by the Income Tax Department for PAN services since 2003, contended that unidentified entities were infringing its copyright and passing off its trademarks by posing as authorized agents. UTIITSL emphasized the potential misuse’s severe consequences and argued that websites offering PAN services, other than those authorized, were dubious. The court acknowledged UTIITSL’s exclusive rights and its efforts to detect unauthorized websites.

Court’s Judgement:

Justice Bharati Dangre recognized the urgency in restraining unknown entities due to the irreparable damage and potential national threat posed by fake websites. The order restrains defendants from infringing UTIITSL’s copyright, passing off trademarks, and misleading the public. Domain registrars have been directed to disable identified fake websites, with police assistance for enforcement. The court stressed the illegality of such conduct and the need to protect UTIITSL’s rights.