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ARTICLE · 24 OCTOBER 2019

Intermediary's Liability For Infringing Content

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Recently, the Delhi High Court adjudicated upon a case of trademark infringement in the case of Surrendra Malik v. Facebook Inc & Ors., where Surrendra Malik was seeking removal of infringing content by intermediaries ...

IndiaIntellectual Property
Pranit Biswas
Pranit Biswas
Isheta Srivastava
Isheta Srivastava
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Recently, the Delhi High Court adjudicated upon a case of trademark infringement in the case of Surrendra Malik v. Facebook Inc & Ors., where Surrendra Malik (hereinafter referred to as the 'Plaintiff') was seeking removal of infringing content by intermediaries including Facebook and Instagram (hereinafter referred to as the 'Defendant') from their platform. The Delhi High Court relied upon the case of Shreya Singhal v. Union of India1 to decide the present suit filed by Surrendra Malik who is the owner of the trademark 'DA MILANO.'

Brief Facts

  • The suit was filed for permanent injunction against infringement of trademark and passing off, and under Section 74 of the Information Technology Act, 2000 seeking protection of the registered trademark 'DA MILANO'.

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