Court restrains anonymous online users from circulating false videos claiming JCB officers were arrested, bars misuse of JCB branding, and orders Google and Meta to take down identified URLs and share log details.
The Delhi High Court has granted an ex parte ad interim injunction in favour of JCB India Limited and two of its officers, restraining anonymous persons from publishing and circulating allegedly false and defamatory online content portraying the officers as having been arrested in a pending criminal case.
Justice Jyoti Singh passed the order in a commercial suit filed by JCB India Limited and others against John Doe defendants and several intermediaries, including Google LLC and Meta Platforms, Inc. The plaintiffs alleged that YouTube videos, Instagram posts and reels were being used to falsely suggest that Plaintiff No. 2, a former senior officer, and Plaintiff No. 3, a serving officer, had been arrested and taken into custody. According to the plaintiffs, the content was not only defamatory but also intended to damage the reputation and goodwill of JCB India.
The Court noted that Plaintiff No. 1, JCB India Limited, is a well-known company engaged in the manufacture and sale of construction and earthmoving equipment, and that the JCB name, logos, insignia and other brand identifiers are valuable intellectual property assets. The suit also concerned the alleged unauthorized use of JCB branding by Krishna Auto Riders Private Limited, a former authorised dealer whose dealership had expired. The plaintiffs claimed that the dealer had no continuing right to use the JCB marks after the expiry of the dealership arrangement.
The Court recorded that the dealership relationship had expired by efflux of time on 31 December 2024 and was extended only up to 31 December 2025, with no further extension promised. It also noted that arbitration proceedings relating to the dealership dispute are pending. In the meantime, the plaintiffs complained that online content had emerged in which the pending FIR and police notices were portrayed as proof of guilt, even though no arrests had been made.
Finding that the impugned videos and posts were prima facie defamatory and harmful, the Court held that the plaintiffs had made out a strong case for urgent protection. It observed that the balance of convenience lay in favour of the plaintiffs and that irreparable injury would be caused if relief was denied.
Accordingly, the Court restrained John Doe defendants and persons acting on their behalf from creating, publishing, uploading, circulating, sharing or disseminating the impugned audio-visual content or any similar material falsely portraying the plaintiffs in connection with the criminal case. The Court also restrained them from using the JCB name, marks, logos, insignia or other brand identifiers in a manner suggesting affiliation with JCB India.
In a significant direction to digital intermediaries, the Court ordered Google LLC to take down URLs listed at Serial Nos. 1 to 3 of Annexure-A and Meta Platforms, Inc. to take down URLs at Serial Nos. 4 to 14, except one inaccessible link. The take-down was to be completed within 36 hours of receiving the order. The Court further directed both platforms to provide BSI and IP log details to the plaintiffs within four weeks in a password-protected document, and allowed the plaintiffs to bring any additional identical or similar URLs to the notice of the platforms for further action.
The Court also granted the plaintiffs exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, citing the urgent need for interim relief. Other procedural exemptions were also allowed, including exemption from advance service on John Doe defendants and from prior notice under Section 80(1) CPC to the Department of Telecommunications and the Ministry of Electronics and Information Technology.
The matter will now proceed further, with the plaintiffs required to comply with the provisions of Order XXXIX Rule 3 CPC within two weeks.
Bottom Line :
Defamation and trademark misuse on digital platforms - Ex parte ad interim injunction granted restraining anonymous persons from publishing false videos portraying company officers as arrested in a pending criminal case and from using JCB name, marks and logos to suggest association with plaintiff company - Google and Meta directed to take down identified URLs and furnish BSI and IP log details.
Statutory provision(s): Section 12-A, Commercial Courts Act, 2015; Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908; Section 151, Code of Civil Procedure, 1908; Section 80(2), Code of Civil Procedure, 1908; Order XI Rule 6(3), Bharatiya Sakshya Adhiniyam, 2023; Section 175, Bharatiya Nagarik Suraksha Sanhita, 2023; Section 35(3), Bharatiya Nagarik Suraksha Sanhita, 2023; Order XXXIX Rule 3, Code of Civil Procedure, 1908
JCB India Limited v. John Doe(s), (Delhi) : Law Finder Doc id # 2982788
