Protection of NSE from Online Impersonation
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Considering the fact that an unsuspecting investor can be drawn into investing substantial amounts based on the contents of the infringing accounts purportedly giving guidance pertaining to the stock market and using the Plaintiff’s registered trade mark, use of such infringing activity is liable to be restrained in larger public interest
By virtue of registration of its trade mark “NSE”, the Plaintiff has acquired an exclusive right to use the trade mark. The action in the present case is a John Doe action as the individual/entities, who have uploaded the social media accounts on the Defendant Nos.2 and 3’s platforms are presently unknown to the Plaintiff
imposes an obligation on the intermediary to take reasonable efforts not to host, display, upload, store or share any information that inter alia belongs to another person and to which the user does not have any right, infringes any trade mark or communicates any misinformation or information which is patently false. This Court further considered the Information Technology Rules which provided for the intermediaries to remove or disable access to such information within a period of 36 hours from the receipt of Court orders.
The action in the present case is infringement of the Plaintiff’s trade mark and passing off caused by impersonating the Plaintiff on the social media platform by use of the infringing trade mark using the word “NSE” which is registered in favour of the Plaintiff.
Order dated 10.4.2026 of the High Court of Bombay in Interim Application (L) No.9564 of 2026 in Commercial IP Suit (L) No.9452 of 2026 of National Stock Exchange of India Ltd Vs John Deo S Ashok Kumar(s) and others
