FACEBOOK INC Vs. SURINDER MALIK

JUDGEMENT

(1.) Cm APPL. 38450/2019 (for exemption) in CM(M) 1263/2019

(2.) The Plaintiff/Respondent - Mr. Surinder Malik (hereinafter "Plaintiff") had filed the suit for permanent injunction, restraining infringement of trademark and passing off, and under Section 74 of the Information Technology Act, 2000 (hereinafter, "IT Act") seeking protection of the trademark 'DA MILANO'. The Plaintiff claims to be the owner of the mark 'DA MILANO' in various forms including in label and logo forms. Defendants No.1 to 4 in the suit are alleged infringers who have put posts on the Facebook and Instagram platforms advertising and offering to sell products bearing the mark 'DA MILANO'. The Plaintiff sought a permanent injunction against the alleged infringers and impleaded Facebook Inc. and Instagram LLC as Defendants No.5 and 6 so as to ensure that the posts containing the infringing marks are taken down.

(3.) The Defendants 5 and 6 do not dispute the rights of the Plaintiff in the trade mark 'DA MILANO' but state that they are exempted from liability, under Section 79 of the IT Act, as they are mere intermediaries.