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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.

CM(M) 1263/2019 & CM(M) 1267/2019 Page 2 of 7
Statement of Ld. Counsel for the plaintiff as well as Ld. Counsel for the defendant no.7 to this effect recorded separately. Ld. Counsel for the defendant no.7 has withdrawn his application under Order 1 rule 10 CPC subject to furnishing of requisite address of the Facebook Ireland Ltd.
The requisite address furnished.
Separate applications filed on behalf of defendant no. 5 and 6 respectively under Order 6 rule 17 CPC and another application of defendant no. 5 under Section 151 CPC for substitution of name of Instagram LLC with Facebook Inc. Copies of these applications be provided.