Companies race to slap down surge of copycat sites

An epidemic of rogue websites selling fake products and services has sparked a rash of litigation, as top Indian companies scramble to defend their brands, reputation and intellectual property rights (IPR).

- Krishna Yadav & Pratishtha Bagai

In an effort to enhance cybersecurity, many of them are also partnering with external agencies.

In recent months, leading brands such as JioHotstar, Louis Vuitton, Warner Bros., Domino's and Tata Solar have moved the IPR division of Delhi High Court seeking action against rogue websites.

Data from Anand and Anand, a Delhi-based IPR law firm, showed that the Delhi HC, regarded as India's top IPR court, saw as many as 58 such cases in 2024, an increase of 75% from the previous year.

Since 2020, the HC has seen 201 cases involving rogue websites.

"The shift to e-commerce during the pandemic, when physical stores took a back-seat, created fertile ground for infringers. As India's economy becomes more reliant on e-commerce, the problem continues to grow," noted Swati Sharma, a partner at Cyril Amarchand Mangaldas, who heads the law firm's IP team.

In cases involving rogue websites, the Delhi High Court typically grants immediate interim relief through so-called John Doe orders (also called Ashok Kumar orders) which are issued against parties whose identities are unknown.

These orders help brands and rights holders take action against anonymous entities engaging in copyright infringement, counterfeiting, or other illegal activities.

These orders are usually ex-parte, granted for a limited time, and require renewal and active enforcement by the plaintiff.

Infringers often target established companies given their reputation and consumer trust, Sharma of Cyril Amarchand Mangaldas added.

"Established brands are low-hanging fruit for counterfeiters; thus, they mimic wellknown companies because consumers are more likely to buy from a familiar name rather than an unknown brand," she said.

The aggrieved companies have found success in many cases.