In a significant order, the Delhi High Court has sought from e-mail service provider Hotmail details of an unidentified person and his non-governmental organisation sending chain mails using the name of Tata Group and its chairman Ratan Tata and claiming to be involved in the treatment of cancer patients.
In an ex-parte order, the "unidentified" registrant of e-mail account 'unionagainstcancer@hotmail.com' was restrained from using the domain name 'www.tata.com' claiming support of the Tata Group in the activities of his NGO.
Justice C K Mahajan directed Hotmail to respond to the notice within two weeks and said Tata Sons Ltd has disclosed a prima facie case in which the balance of convenience was in its favour and unless the injunction prayed for was not granted forthwith, irreparable injury would be caused to them.
The court said: "It is necessary to preserve the veil of anonymity and direct ISP Hotmail to provide the names and addresses, telephone numbers, bill records and information relating to the computer and modem of a person with the e-mail 'unionagainstcancer@hotmail.com' in relation to the messages."
"In the meantime, the registrants of the said e-mail account who is responsible for the chain mail claiming support in sponsorship of the Tata Group and the mark Tata for use of domain name 'www.tata.com' is restrained from circulating any communication using the Tata mark or domain name till the next date of hearing, i.e July 8," the court said.
Tata Sons' counsel Pravin Anand termed the order as "significant" and claimed "it is the first order of its kind passed by any court in the country against an unidentified person in the cyber world."
Tata Sons alleged that the unidentified entity was falsely claiming the endorsement or sponsorship of the Tata Group and its chairman Ratan Tata by using its registered mark in their domain name.
Alleging that for over three years the chain mail was being circulated, the Tatas said the e-mail purportedly sent by an NGO working with labourers to treat cancer used its name to convey the impression that it enjoys the support and patronage of the Tata Group.
Anand contended that passing off action could be initiated against the entity for falsely claiming the sponsorship of the Tata Group.
The malafide intentions of the NGO was further clear from the fact that it tried to associate itself with the International Union against Cancer, the counsel said.
