Microsoft to get Rs 55 lakh as compensation for trademark infringement by fake call centre in Gurugram

A local court in Gurugram has ordered Retnec Solutions Pvt Ltd to pay Microsoft Rs 55 lakh in damages for trademark infringement and operating a fake call centre using Microsoft’s trademarks, including “Hotmail”, “Outlook”, and “Office 365”. The court also awarded Microsoft an additional Rs 20.6 lakh in litigation costs.

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The court’s decision came after Microsoft and its Indian subsidiary filed a suit against Retnec Solutions for trademark infringement, passing off, unfair trade practices, dilution, and damages under the Trade Marks Act, 1999. Microsoft alleged that Retnec Solutions impersonated Microsoft personnel and used their trademarks to operate fraudulent technical support services.

Investigations revealed that Retnec Solutions operated a fake call centre in Gurugram, misleading customers through pop-up messages, cold calls, and unauthorised use of Microsoft’s branding. The Gurugram police raided the premises, seizing digital evidence and arresting the company’s directors.

Evidence included invoices falsely bearing Microsoft’s logo, payment records linking the defendants and scripts found on computers. These scripts detailed steps to deceive victims, including fake pop-ups and scare tactics about malware or viruses.

The court of Additional District Judge Mahavir Singh order’s includes a permanent injunction restraining Retnec Solutions from misusing Microsoft’s trademarks, destruction of infringing materials, and payment of damages, including punitive damages for tarnishing Microsoft’s reputation.

The court further directed defendant to hand over all products and material that used Microsoft trademarks (such as business brochures, promotional materials, sample call scripts, cheques, etc.) for destruction.