Court Orders Removal of Unauthorized Use of "NSE" Trademark from Social Media and Domain Names to Protect Public Interest
In a landmark judgment, the Bombay High Court has granted ad-interim relief to the National Stock Exchange of India Ltd. (NSE) by restraining unauthorized use of its trademark "NSE" on various social media platforms and domain names. The court's decision, delivered by Justice Sharmila U. Deshmukh, aims to protect public interest and prevent misleading activities that could defraud unsuspecting investors.
The case, registered as Interim Application (L) No. 9564 of 2026 in Commercial IP Suit (L) No. 9452 of 2026, was brought to the court's attention following the discovery of fake social media accounts and domain names using the "NSE" trademark. These accounts were allegedly spreading misleading information and impersonating the NSE, posing a significant threat to the integrity of the stock market ecosystem.
The court acknowledged the exclusive rights of NSE over its registered trademark and noted that even non-stock market-related content using the "NSE" mark constitutes infringement. As a result, the court ordered intermediaries to remove or disable infringing accounts, channels, or content within 36 hours upon notification by the NSE. This directive aligns with the obligations under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require intermediaries to prevent hosting or sharing of infringing content.
Justice Deshmukh emphasized that the unauthorized use of the "NSE" trademark on social media platforms and domain names is likely to mislead the public into believing an association with the NSE. To prevent such deceptive practices, the court restrained activities that could potentially defraud investors by using the NSE brand.
Furthermore, the court addressed the issue of domain name infringement, stating that the use of the "NSE" trademark or deceptively similar marks in domain names constitutes infringement. Consequently, the court ordered the suspension or disablement of such domain names and prohibited their re-registration, thereby extending trademark protection to the digital domain.
The judgment also provided necessary safeguards for intermediaries, allowing them to seek clarification from the court if required. This ensures a balanced approach, protecting both the trademark rights of NSE and the operational interests of intermediaries.
The ruling serves as a significant step in safeguarding the interests of investors and maintaining the credibility of the stock market. It highlights the importance of protecting intellectual property rights in the digital age and underscores the responsibility of intermediaries to prevent the dissemination of misleading content.
Bottom Line:
Trademark infringement and passing off - Restraining unauthorized use of the Plaintiff's trademark "NSE" on social media platforms and domain names to protect public interest and prevent misleading activities.
Statutory provision(s): Trade Marks Act, 1999 Sections 28, 29; Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 - Rule 3(1).
