EBAY INC. Vs. MOHD. WASEEM T.

JUDGEMENT

(1.) The present suit has been filed by the plaintiff seeking a decree of permanent injunction against the defendants, their partners, directors, principals, proprietors, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies and assigns, restraining them from using the marks Shopibay 'SHOPIBAY <IMG>JUDGEMENT_169_LAWS(DLH)11_2022_1.jpg</IMG> or any other mark deceptively or confusingly similar to the plaintiff's registered trade marks 'eBay/EBAY/ <IMG>JUDGEMENT_169_LAWS(DLH)11_2022_2.jpg</IMG> (hereinafter referred to as the 'eBay Marks'), which would amount to either infringement, passing off, dilution, tarnishment of the plaintiff's mark; and/or unfair competition.

(2.) As none had appeared for the defendants in spite of service, vide order of this Court dtd. 27/7/2022, the defendants were proceeded ex-parte.

(3.) It is the case of the plaintiff that the plaintiff provides an online marketplace for the sale of goods and services through their e-commerce platform, which utilises the domain name www.ebay.com. The domain name was registered in the year 1995 and is accessible to users globally, including in India. It is asserted that the website of the plaintiff, that is, www.ebay.com, at the time of filing the present suit, is ranked as the 11th most visited website in the United States of America and the 42nd most visited website globally.