The Delhi High Court has restrained a man from using the websites he created in the name of Tata Group chairman Cyrus Pallonji Mistry and also imposed a punitive cost of Rs. 5 lakh on him. Justice Manmohan Singh said the sites — www.cyrusmistry.co.uk and www.cyrusmistry.co — created by the private person are “blatantly and illegally capitalizing on the strength of use of the well known personal” name of Mistry for the purposes of making “illegal profit and gain”.
It directed the person, Aniket Sigh, to transfer the sites in favour of Mistry, and the punitive costs of Rs. 5 lakh on him were to be deposited with the Delhi High Court Library Fund.
“The loss and damage incurred by the plaintiffs (Tata and Mistry) is also on account of loss of reputation and goodwill of the plaintiffs/its chairman and companies promoted by him in the market. The defendant (Aniket Sigh) is blatantly and illegally capitalizing on the strength of use of the well known personal name of plaintiff 2 i.e Cyrus P Mistry for the purposes of making illegal profit and gain,” the court said.
“In light of the submissions on merit by passing the decree for permanent injunction, it is also directed that the impugned websites www.cyrusmistry.co.uk and www.cyrusmistry.co are to be transferred in favour of plaintiff No. 2 who is also chairman of plaintiff No. 1 company (Tata),” it added.
The court noted that the domain names were created on December 20, 2011, barely a month after Tata group announced that Mistry would be taking over as chairman from December 2012.
