Has “Namo Smartphone” bought Flipkart?

There is an entity called namo smartphone at IPO Building, 7 Race Course Street, Delhi 110001, with phone +91 7905457748 and e-mail address namo.smartphone@outlook.com.

This entity seems to own a domain name called FLIPKART-BIG-BILLION-DAY-SALE.COM and is offering some special gifts and sending out the following message through WhatsApp.

At first glance it appears as if it is a Flipkart official site since there is such a sale presently going on. Obviously, it is not.

The domain name has been registered at godaddy.com in the name “Namo Smartphone” which uses the familiar nick name of Mr Narendra Modi.

This therefore represents violation of two trademarks with an objective of misleading the public through “Impersonation”. It is therefore both an offence under Trademark Act and Section 66C of ITA 2000/8.

From the registration details, it appears that the domain name has been running since last 10 days without Flipkart recognizing it.

A little while earlier another WhatsApp message with special offers under the domain name flipkart-gst-sales.in was also received .

This domain is registered in the name of “GHFTYD FTYFT”, with phone number +91.9876545367 and e-mail ID, yogeshbtrn23@gmail.com. It appears that this person must be having several domain name registrations and all of them could be considered as tools for committing frauds.

With little effort, both these fraudsters can be traced if either Flipkart or the Police is really interested in public good.

It is only because companies like Godaddy.com are only interested in making money in domain names and not interested in public welfare and ICANN Is also encouraging this tendency to book domain names in fictitious names of registrants that such frauds are being facilitated.

I urge the Police to initiate action in these two cases which we are placing in the public domain and I urge Flipkart to register a complaint.

We have seen that whenever a new film is released, hundreds of websites are blocked under the suspicion that links to pirated copies would be made available in these sites, and even some Courts have issued orders of such nature on  “Unknown Potential Offenders”.

In such cases there is a producer who loses money and hence takes some action.  But in the Flipkart case, it is only the public who may lose money and hence no body seems to be bothered.

At least in this case since the reputation of Mr Modi is involved, will the Police take action?

Naavi




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About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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3 Responses to Has “Namo Smartphone” bought Flipkart?

  1. I look forward to the Police to take some action suomoto.

  2. Nitin says:

    Hi Naavi,

    A quick question. Even if police takes action, will it create a ripples and force the government or ICANN to issue guidelines on domain registration. Also what clauses of Cyber Law are application if found guilty.

    • There is a vested interest in ICANN and the Registrars to keep registering domain names because they keep making money. It is like the ISPs who are not interested in blocking porn stuff. But the fact that these bookings do assist criminals trying to cheat innocent persons. Under ITA 2008 it could be “Impersonation”. Under IPC, it could be cheating. Under Trademark act it could be an attempt to pass off and/or cheat. So on the registrant there should be several reasons for legal action. As far as the registrar is concerned, it could be “Lack of due diligence” and therefore by application of Section 79, they could be charged with the same offence as the registrant…namely the attempt to impersonate… may be under sec 66C?… Will it create ripples?…. I donot know. But if the Government flags this issue, may be there would at least be better awareness. I am also finding that Flipkart or Amazon should also invest in building awareness of such frauds. They should kill these phishing sites quickly and also post the information on their websites so that they donot get circulated in WhatsApp groups etc.

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