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DELHI HIGH COURT
PRATHIBA M.SINGH
Facebook Inc – Appellant
Versus
Surinder Malik – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral)
CM APPL. 38450/2019 (for exemption) in CM(M) 1263/2019
CM APPL. 38535/2019 (for exemption) in CM(M) 1267/2019
1. Allowed, subject to all just exceptions. Applications are disposed of.
CM(M) 1263/2019 & CM APPL. 38449/2019 (for stay) CM(M) 1267/2019 & 38534/2019
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 Pl
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