Facebook Inc Vs Surinder Malik & Ors (Delhi High Court)
Summary: The Plaintiff/Respondent, Mr. Surinder Malik, instituted a suit for permanent injunction, restraining infringement of trademark and passing off, and under Section 74 of the Information Technology Act, 2000, seeking protection of the trademark ‘DA MILANO’. He claimed ownership of the mark ‘DA MILANO’ in various forms, including label and logo forms. Defendants No.1 to 4 were alleged infringers who had posted advertisements on Facebook and Instagram offering products bearing the mark ‘DA MILANO’. Facebook Inc. and Instagram LLC were impleaded as Defendants No.5 and 6 for ensuring removal of the allegedly infringing posts.
Facebook and Instagram did not dispute the Plaintiff’s rights in the trademark but claimed exemption from liability under Section 79 of the Information Technology Act, 2000, contending that they were merely intermediaries.
The Trial Court, by order dated 19.03.2019, directed Defendants No.5 and 6 to remain present for recording their statements under Order X CPC. Their applications seeking recall/modification of that direction and exemption from personal appearance were considered, but the Trial Court again directed their personal appearance for examination and clarification of issues in the pleadings. Facebook and Instagram approached the Delhi High Court against the requirement of personal appearance.
