Just Dial (JD)is engaged in providing directory services and listing services in India since 1996 , also known as search engine along with other services that includes Searching Service, Search Plus Services, JD Mart, JD Pay, JD Omni, etc. JD also has voice services available on ‘8888888888’ which is 24 x 7 accessible with multilingual support and domain name www.justdial.com, on which its large number of clients list their products and services for expanding their reach.

 

 

JD uses marks including ‘JUST DIAL’, Justdial.com, the initials ‘JD’, and “ ” logo.

 

 

Owing to the nature of services it provides, JD has a large quantum of data including images, address, information, texts designs, graphics, animations and other materials on its website.

 

 

JD was aggrieved of the fact that a local search platform/website by the name www.nicelocal.in. Owned by M/s Local Search Solutions Private Limited(LSS) , has verbatim lifted thousands of listings, source data code, corporate numbers, and its other proprietary data. Over 5000 listings on LSS’ website are stated to be containing reference to the JD’s content delivery network path (‘jdmagicbox’) in their source code data. The said data is stated to have been scraped from JD’s portal and thereafter published on LSS’s website www.nicelocal.in.

 

 

Hence, JD approached the Delhi High Court and filed a suit for permanent injunction restraining data theft, violation of its trademark, copyright, unfair competition, rendition of accounts and other reliefs against LSS and Mr. Rajiv Sharma (Director of LSS), Ministry of Electronics and Information Technology (herein after MeitY) and Department of Telecommunication (hereinafter DoT).

 

 

JD claimed that the data, content and images, which are displayed on JD’s website and stored in its database is its intellectual property.

 

 

JD added that it realized a few months ago that LSS was operating its website www.nicelocal.in by copying large volumes of data from its website. JD submitted various illustrations to prove that its data has been lifted en bloc from its website as is clear from the use of the ‘JD logo’ watermark, appearance of identical source codes, dummy listings, phone numbers, and complete customer review from Plaintiff’s website on Defendant’s website.

 

 

JD submitted that, upon realising the large scale violation of its rights being made by LSS it made a trap transaction while acting as a customer, and realised that LSS was collecting huge money via Credit Card transactions without issuing invoices. LSS also placed JD’s Credit Card used for the transaction on auto debit mode resulting in amounts being deducted from JD’s credit card in the month of January, 2022 without any order being placed by the customer at all. JD claimed that that large sums of money from gullible customers may have been taken in this manner Accordingly, JD filed a criminal complaint FIR bearing no. 11/2022 with the Gautam Budh Nagar (Noida) Police Station and the said investigation is stated to be on-going.

 

 

Various other instances of LSS copying JD’s data were shown before the Hon’ble Court including:

 

 

i. The ‘JD logo’ watermark has been copied along with the photograph and the other materials in respect of a car which was originally advertised on JD’s platform in respect of one ‘Maa Tours and Travels’. ii. In another listing, ‘M/s Munna Motors’, the source code of the identical listing on JD’s website is also appearing in the source code of LSS’s website. iii. In an another listing, ‘Royal family Spa’, a phone no. being (79)470-701-11, stated to be uniquely allotted to JD by a telecom company and permitted by JD to be used by its customers is being reflected on LSS’s website. iv. A customer review dated 12.05.2019 of a photographer placed by a customer has been copied in its entirety on LSS’s website though the LSS’s website came into existence only in March, 2021.

 

 

After hearing the contentions the Court granted an inteim injunction in favour of JF and restrained LSS and Mr. Rajiv Sharma from providing or advertising any goods or services on their website www.nicelocal.in or utilizing the data belonging to the JD in any manner till the next date of hearing.

 

 

The Court also restrained LSS and Mr. Rajiv Sharma from collecting any payments from any customers through the platform www.nicelocal.in.

 

 

The Court directed MeitY and DoT to issue instructions within 48 hours to all the ISPs to block the website www.nicelocal.in and to suspend the services of the said website. The said ISPs shall take immediate steps to block the website www.nicelocal.in .

 

 

The domain name Registrar of LSS’s website was directed to block the domain name www.nicelocal.in and maintain status quo. No transfer of the said domain shall be permitted till further orders of this Court. The matter is now listed on 25.08.2022