Delhi HC grants relief to Just Dial in data theft case, orders local website not to use any data
India Today
Delhi High Court grants relief to Just Dial in a case where the search engine alleged data theft by a local website.
The Delhi High Court granted relief to search engine Just Dial in a case where it alleged data theft, trademark and copyright infringement by a local website, nicelocal.
The search engine Just Dial filed a case alleging that nicelocal had verbatim lifted thousands of listings, source data code, corporate numbers and other proprietary data. Further, it was submitted that the website was taking large sums of money from gullible customers by not issuing invoices.
A bench headed by Justice M Pratibha Singh, restrained the local website from advertising any goods or services and further directed the preservation of data, including a declaration of the payment received so far from any customers.
Also, the court directed the Ministry of Electronics and Information technology (MeitY) and the department of telecommunications (DoT) to block the website nicelocal and suspend all its services.
The 10-page court order read: “In the present case, the plaintiff (Just Dial) has made out a prima facie case for grant of an ex-parte ad-interim injunction. The balance of convenience lies in favour of the plaintiff. If the relief sought is not granted, irreparable loss would be caused as it would not only jeopardise the plaintiffs' rights but also the rights of various clients, customers of the plaintiff and also the general public who may make payments to avail the services."
The court has also ordered a restraining order against the domain name registrant, not to transfer the domain name and slated the hearing for August 25.
The theft came to light when certain data with the plaintiff's logo was found in the defendant's database. To prove the misdeeds of the website, the search engine made a trap transaction by posing as a customer and it then came to light that the former was collecting money through credit cards without issuing invoices.
