Delhi High Court blocks websites and apps from offering digital coins and currencies under the microblogging platform’s trademark

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The Delhi High Court has banned three websites and apps from offering digital coins and currencies made up of the brand owned by microblogging site ‘Koo’, observing that customers were being misled into thinking there was a genuine cryptocurrency or digital currency platform associated with the Platform.

Judge Pratibha M Singh also ordered MEITY to block the websites until the next court date and to issue immediate instructions to internet service providers to block them.

“The said ISPs must also take immediate action to block access to these three websites,” the Court added in issuing orders against www.koo.money, www.minekoo.com and Koo Tweet Social Media.

The complaint was filed by Bombinate Technologies Private Limited, the parent company of two mobile apps, namely “Vokal” and “Koo”.

It was the case of the applicant that he launched a system or program called “Koo Coin”, as a reward program for all its active users which are given to them if they log into the application once a day . It has been stated that said Koo coins are redeemable coins which can be redeemed by a user by linking their UPI ID to the app.

The domain name www.kooapp.com has been registered for the benefit of the plaintiff since October 2019 and has been used to promote the Koo microblogging platform.

The Court found that the defendants’ websites and apps showed that they were vague and engaged in misuse of Koo’s trademark.

“Some of the users who gave their comments and reviews on the Google Play Store said that this app seems to be fake and although the users have started mining the coins are not increasing or decreasing. So the users are du opinion that the entire application itself does not appear genuine,” noted the Court.

The Court also added that the defendants were “knowingly misleading customers” and that a connection was sought to be made with the microblogging site by using the name and similar marks of Bird Devices.

“At this time, it is clear that there are a large number of internet users who attempt to access defendants’ platforms on the grounds that defendants are somehow connected to plaintiff,” said the Court.

He added “….the three defendants, as well as strangers, may be involved in fraudulent transactions and collecting money from innocent users under the guise of offering digital currencies. The entire operation of the website and services appears vague, as the contact details of the individuals who registered these domain names are not available and there is widespread misuse of the Plaintiff’s trademark. Therefore, the said Defendants deserve an urgent injunction.”

The case will now be heard on October 6.

Case Title: BOMBINATE TECHNOLOGIES PRIVATE LIMITED v. KOO COIN AND OTHERS

Click here to read the order

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