In recent months, leading brands such as Jiohotstar, Louis Vuitton, Warner Bros., Domino’s and Tata Solar have shifted the IPR division of the Delhi High Court in search of action against the Rogue website. Delhi-based IPR law firms Anand and Anand show that Delhi-based HC is regarded as India’s highest IPR court, seeing as many as 58 such cases in 2024, an increase of 75% from the previous year. Since 2020, HC has seen 201 cases involving rogue websites.
“During the pandemic, when physical stores regressed, they turned to e-commerce into infringers. The problem continues to develop as India’s economy becomes increasingly dependent on e-commerce.
In cases involving rogue websites, the Delhi High Court usually promptly and temporarily remedy through the so-called John Doe order, also known as the Ashok Kumar order, which were issued against unidentified parties. These orders help brands and rights holders take action against anonymous entities engaged in copyright infringement, forgery or other illegal activities. These orders are usually party-based, granted for a limited time, requiring plaintiffs to update and proactively execute.
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Cyril Amarchand Mangaldas’ Sharma added that infringers usually target their reputation and the trust of their consumers. “Mature brands are low-key fruits for counterfeiters; therefore, they imitate well-known companies because consumers are more likely to buy from familiar names than an unknown brand,” she said.
The victimized companies have succeeded in many cases. In Jiostar, the court blocked IPTV Smarter Pro and several rogue websites from the content of illegal streaming stars and ordered service providers to restrict access and share details of violators. In the case of domino, it bans Dominic Pizza from using domain names that mimic the original.
In Louis Vuitton, the court imposed ₹The 500,000 fine on www.haute24.com is used for unauthorized use of photos and further abuse. The court also blocked the fraudulent domain name, copying Tata Electric Solar’s trademark to deceive customers. In another case involving insurance company Niva Bupa, HC banned unknown entities from leaking confidential customer data from Niva Bupa Health Insurance and ordered the removal of Nivabupaleaks.com after ransomware threats.
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In response to the inquiry, Jiostar said the rogue website undermines IP rights and puts users at risk of data breaches, financial fraud and malware attacks, saying it is an “increasingly tight threat” to companies and consumers. “We take a multi-pronged approach, leveraging advanced monitoring tools, work closely with law enforcement and cybersecurity agencies, and ensure court-backed dynamic injunctions to eliminate infringement platforms in real time,” a company spokesperson said.
Other companies did not respond to email inquiries.
According to cybersecurity estimates from digital risk monitoring platform Cloudsek, India’s potential losses related to cybercrime may total ₹By 2025, there will be 2 billion ₹This is 90 million related to the field of brand abuse and forgery.
“These illegal platforms leverage advanced deception technologies, including malware deployment, phishing strategies and brand imitation to leverage unsuspecting users,” said Vaishali R. Mittal, anand and Anand litigation partner.
“One of the most important issues related to Rogue websites is their ability to undermine consumer data privacy. These platforms often employ complex social engineering strategies such as clickbait links and fake login portals to attract users to surrender sensitive information without knowing it,” she added.
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Visiting such websites can pose a significant cybersecurity threat, damage personal data and cause financial losses.
Digital Security
Cyber Security Cypare Chief Technology Officer Akshat Jain said the company is actively seeking guidance on digital risk management and taking action to prevent threats.
“Companies hire professionals, third-party agents and technical models to conduct ongoing inspections of domains similar to their domains to avoid the problem of rogue websites. When they determine the situation, the company’s representatives immediately contact the domain name holder to lower the Rogue website, a process that takes 3-5 days in most cases,” Jain said. ”
A domain name holder is an individual or organization that registers and owns a specific domain name and ensures exclusive rights to use that address for its website or email service. For example, if the company registers “Example”, it will become the domain holder of that address.
“The matters were brought to the court in the event of resistance from domain holders. “The company’s efforts and interest in reliance on third-party cybersecurity services have surged, as this demand has led to the growth of the industry. ”
Since 2020, 71 cases have accounted for 35.32% of the 201 cases related to the rogue website submitted by the Delhi HC. To be sure, in 130 pending cases, the court provided temporary relief in the form of an injunction, while the hearing continued.
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In addition to hiring dedicated teams to scan for these threats, companies also prevent rogue websites by purchasing all possible domain names similar to them to make Imposters unavailable.
“To protect Rogue websites, many organizations, especially e-commerce companies, have estimated to allocate 1-3% of their annual revenue to purchase similar areas to ensure they can reduce potential cybercrime activities and in turn protect their brands. Such aggressive measures are crucial because the consequences of security breaches can cause catastrophic disasters to their businesses.
