The Delhi high court has refrained a New York-based company Ink Mango Inc from using the word “Juggernaut” including its domain name “www.thejuggernaut.com” from publishing any content, articles as it marks trademark infringement, in its order.
The “Juggernaut” word is registered trademark for Delhi-based digital book publishing house Juggernaut Books Private Limited. The court also asked Namecheap Inc, the company which registered the website, to block the domain name till further order. According to the order ‘The Juggernaut’ is Ink Mango’s subscription-based publication for South Asian stories.
Dalrymple tells Juggernaut Books about Ink Mango’s Juggernaut
According to the order, Juggernaut Books had sought a permanent injunction “restraining infringement of trademark, passing off, dilution, unfair competition, damages, delivery up, etc”. The company works with several authors using a web-based software which can be accessed from computers and smartphones on its website ‘www.juggernaut.in’. One of authors associated with Juggernaut Books, William Dalrymple, was approached by Ink Mango asking him to publish his writing on their portal — which was called ‘The Juggernaut’. Dalrymple then informed Juggernaut Books about the development.
Juggernaut Books’ lawyer Satyajit Sarna had also informed the court that users on some social media companies had already experienced confusion between the two business. He also argued that the Ink Mango had been “deliberately targeting” users from India and especially Delhi as the portal is meant for the South Asian readers.
“A perusal of the website clearly shows that the Defendants are targeting customers based in India or publishing in India, as is evident from the email addressed to Mr William Dalrymple. The articles published by the Defendants also have a connection with India, Indian authors, Indian movies, Indian actors etc.
The Defendants are clearly targeting Indian customers and are trying to promote their platform in India. The Defendants run a digital publishing website just like the Plaintiff. The Plaintiff is clearly the prior user of the mark, ‘Juggernaut’ for digital publishing and Defendants are using the name The Juggernaut, ‟ the order noted.
According to Juggernaut Books, the confusion is visible mainly on the internet as their website is showing up on the Ink Mango’s search page and vice versa. Apart from this many users had commented on the social media pages of the Ink Mango’s portal which reveals the confusion among the users, Juggernaut Books argued.