Ex parte interim protection in copyright and passing off claims can justify domain takedown directions where deception and ongoing harm are shown.

Ex parte ad-interim protection against copyright infringement and passing off may be justified where pleadings show a prima facie case of unauthorized use of a plaintiff's label and marks, deceptive similarity in websites or domain names, and misrepresentation that the operators are authorised service agents. Immediate restraint may also be warranted where there is a risk of continued infringement, misuse of confidential data, and further harm to reputation and goodwill. In such circumstances, ancillary directions to intermediaries or domain registrars may be used to disable identified offending domains and to act against further unauthorized domains when brought to notice, pending further consideration.

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Issues: Whether an ex parte ad-interim injunction should be granted restraining the defendants and unknown persons from infringing the plaintiff's copyright in its label, passing off their websites and domain names as those of the plaintiff, and requiring intermediary/domain registrar assistance for takedown of offending websites.

Analysis: The application was moved without notice on the basis of urgency and the difficulty in identifying and serving all offending entities. The pleadings disclosed a prima facie case of unauthorized use of the plaintiff's marks and label, deceptive similarity in the presentation of the impugned websites, and misrepresentation that the operators were authorized service agents. The material also indicated a risk of continued infringement, misuse of confidential data, and further harm to reputation and goodwill if immediate restraint was not granted. In those circumstances, interim protection was considered necessary, including directions to registrars to disable identified offending domains and to act against further unauthorized domains when brought to notice.

Conclusion: Ad-interim ex parte protection against copyright infringement and passing off was granted, together with ancillary takedown directions to the registrars and continuation of the restraint until the next date.

Final Conclusion: The plaintiff obtained immediate interim protection on a prima facie showing of unauthorized use, deception, and potential continuing harm, while the suit and application remained pending for further consideration.

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