"Delhi High Court Orders Central Government and Domain Name Registrars to Halt Fraudulent Websites Impersonating Cresset Capital Management and Cresset Administrative Services Corporation"
In a recent ruling on September 1, Justice Prathiba M Singh of the Delhi High Court has mandated the Central government and domain name registrars (DNRs) to take immediate action to block and suspend multiple deceptive websites posing as prominent US-based investment advisory and asset management firms, Cresset Capital Management and Cresset Administrative Services Corporation.
Additionally, the Delhi Police's cyber cell has been directed to initiate an investigation into these fraudulent websites, as they were found to be soliciting funds from unsuspecting consumers.
The cyber cell's inquiry will encompass the examination of bank accounts that may have been opened by the individuals responsible for these websites, with the possibility of issuing freezing orders as deemed necessary by the Court.
Justice Singh's order specifically stipulated that "Domain Name Registrars shall immediately lock and suspend the said domain names, thereby bringing down the websites. The Domain Name Registrars shall also disclose the details of the persons who have registered these domain names including any KYC details, credit card information, etc., which may be available if the said Defendants have availed of cloud services or any other services from the said DNRs."
This legal action was initiated based on a complaint by Cresset, the plaintiff in this case, which highlighted that an individual named Karthikeyan Ganesan had registered various domain names featuring the Cresset mark. Subsequently, Cresset received complaints from consumers who had unwittingly invested money through these deceptive websites.
The fraudulent websites had replicated Cresset's content so convincingly that users were unable to distinguish them as fraudulent. Justice Singh, after a thorough examination, concluded that these websites brazenly used the Cresset name and logo with the sole intent of impersonation and defrauding unsuspecting consumers.
The Court emphasized, "After perusing the record, it is clear that the mark 'Cresset' as also the accompanying logo is being misused by unscrupulous persons to create fraudulent websites and to illegally and unlawfully collect monies portraying themselves to be the Plaintiffs."
Furthermore, it noted that all domain name registrations were privacy protected, making it difficult to ascertain the identities or whereabouts of those behind the registered domain names, except for the registrars. Consequently, the Court deemed it essential to promptly take down these domain names to prevent further exploitation of innocent individuals. It also underscored the need for a comprehensive investigation by the Cyber Cell of the Delhi Police to take effective action against the individuals responsible for these deceptive websites.
As a result, the Court ordered the immediate blocking of the fraudulent websites and instructed the police to initiate an investigation into the alleged criminal activities.
Senior Advocate Saurabh Kirpal, along with advocates Anuj Berry, Sourabh Rath, Vibhore Yadav, and Gauri Pasricha, represented Cresset in the case.
The Ministry of Electronics and Information Technology (MEITY) Department of Technology (DoT) was represented by Central Government Standing Counsel Harish Vaidyanathan Shankar, along with advocates Gokul Sharma, Srish Kumar Mishra, Sagar Mehlawat, Alexander Mathai Paikaday, Krishnan V, and M Sriram.
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TAGS: Delhi High Court Central Government Domain Name Registrars Fraudulent Websites Impersonation Cresset Capital Management Cresset Administrative Services Corporation Cyber Cell Investigation Blocking Deceptive Websites Consumer Funds Legal Action Identity Disclosure Privacy Protection Court Order Ministry of Electronics and Information Technology Legal Representation.
