Court tells Meesho to de-list all fake jockey product names in 36 hours Online sellers selling fake joyke, joyebe, jojoke brand are facing the heat The e-commerce platform will have to furnish all buyer and seller transaction details within 4 weeks Fake jockey products are flooding marketplaces. Some go online to buy a Jockey underwear but end up ordering something that reads JOYKE, JOYEBEE or evenJOJOKE. While the names themselves might sound like a bad joke, for jockey, the impact of thousands of fake products being sold on marketplaces is very serious.
The company has been fighting against these copycat vendors that have taken over the internet by storm since earlier this year.
Back in January, a close watch over the e-commerce platform Meesho unearthed scores of counterfeit jockey products listed on its servers, using deceptively similar brand names to lure unsuspecting buyers. Jockey issued notices warning the online sellers, asking them to cease and desist, but nothing changed, and the knock-offs continued to sell. Jockey, out of its wits, took the matter to Delhi High Court. The court has now passed an order asking Meesho to de-list all those fake items, and furnish more details about the counterfeit sellers.
Delhi HC’s interim order and its implicationsOn May 29, a single judge bench headed by Justice Jyoti Singh delivered an ex-parte interim injunction against Meesho to immediately halt the sale and marketing of these copycat products.
The Court observed that both the original Jockey brand and the fake merchandise were targeting the same consumer base and using similar online channels, thus making the customer confusion ‘inevitable.’ A quick takedown for MeeshoThe court didn’t just direct the small-time sellers but has also ordered Meesho to remove all web links selling counterfeit Jockey products from its app and website within a 36-hour window from the time the order is served. In addition, the platform will have to provide details related to all such vendors by June 26, just four weeks from now.
The information that’s required from them is comprehensive and includes Know Your Customer (KYC) documents, registered addresses, mobile numbers, transaction records, UPI transaction details, and the intellectual property (IP) addresses of the rogue sellers. A slap on the wrist for counterfeiters and the platformThe judge not only asked Meesho to take down the fake products but has also levied fines and penalties on the counterfeit sellers. Courts view trademark infringements very seriously, and imposing fines ensures that vendors are deterred from indulging in illegal practices and can potentially recover losses incurred by legitimate brands.
The platform faces hefty penalties if they do not adhere to the court’s directives, including the 36-hour takedown notice or failure to disclose critical seller information.WHY IS MISHO REFUSING TO ACTEarlier, when Jockey had alerted Meesho to take down the fraudulent items, the e-commerce giant denied action, stating that the responsibility for intellectual property lies with individual sellers, and they would not act unless there is a court order.
E-commerce platforms frequently face similar accusations when their users misuse the platform by selling fake goods. They usually refrain from acting on such complaints without a direct judicial order because they could be sued by the sellers themselves, even in instances of fraud. It’s a tough space to navigate, and this has led to Jockey taking further action against the platform in court. What happens nextFinding out the identity of counterfeit sellers requires thorough investigation.
The Jockey brand has employed the services of private investigators, who purchased the fake products and tracked down the sellers.
The investigation revealed that these sellers were not just using one imitation name but many variations such as JOYEBEE, JOYKE, and JOJOKE to trick as many customers as possible. These fake sellers operated as a well-coordinated unit, using multiple listings under different names to outsmart any takedown efforts. They left behind a trail of digital evidence, including screenshots and transaction logs that were presented to the court.
Jockey’s Long Fight Jockey, a well-established brand since 1876, boasts more than 150 trademark registrations in different countries. In India, the brand is managed by Page Industries Ltd, which manufacturers and sells the authentic merchandise. For over a century, Jockey has invested significantly in building brand equity.
The counterfeit sellers, however, are looking for a quick profit by riding on the back of this reputation.
In one particularly audacious move, one of the counterfeit sellers even filed for a formal trademark registration for their knock-off brand, only for it to be revealed to the judge by Jockey’s private investigators. The legal battle isn’t over yet, as the High Court has scheduled the next hearing for September 24. Until then, the fake sellers can submit their response in writing, though historically, such vendors disappear when confronted with requests for personal information. Meesho, on the other hand, must file a compliance affidavit within six weeks to verify its adherence to the court’s order.
