India's Mumbai High Court said, Facebook (Facebook) The issue of reinstatement and recovery of ownership of a group cannot be referred to as a trademark and intellectual property dispute, It also holds that civil courts are competent to hear actions seeking such declarations.

3 month 24 day, Judge Nitin．Sambrey (Nitin Sambre) A court order was made. The case involves the ownership of a Facebook group. Be established in 1928 years 2 lunar "The Himalayan Club" (Hereinafter referred to as club) Asking a civil court to declare that it owns the Facebook group, And only it has the exclusive right to control and manage the group. But the civil court refused to hear the case.

The civil court held that, As the matter relates to trademarks and intellectual property, It therefore has no jurisdiction to hear the suit.

The club had asked one of its members, Canva．Singer (Kanwar Singh) Create an Internet-based chat group, For better social media campaigns.

Singer created the Facebook group named after the club at the plaintiff's direction.

however, Singer misused his position and claimed that the plaintiffs had no connection to the Facebook group, And try to seize control of the group.

Sambre points out, It cannot be claimed that the Facebook group is a registered trademark of the plaintiff club that alleges Singer has been infringed.

The court said: "The plaintiffs are asking to be declared the owner of the Facebook group, And on this basis to ask for auxiliary relief. "

The court said, The Facebook group referred to by the plaintiffs is an Internet-based social media platform, Facilitate members to exchange views and ideas and share experiences, Information and photos.

The court said, It cannot be said that the Facebook platform involves trademarks or Copyrights. Nor can it be said that disputes arising from the revocation and reinstatement of a Facebook group are trademark disputes.

The Bombay High Court said in quashing the civil court's order, The lower court concluded, Because the dispute involves trademarks and intellectual property, It has no jurisdiction to hear the suit. This conclusion is unacceptable.

Sambre said: "The civil court wrongly concluded that ownership of Facebook groups amounted to a trademark issue, The dispute therefore involves intellectual property rights. "

The high court said, The civil court has the power to hear the club's case against Singh. (Be compiled from lawtrend. in)

TRANSLATORS: Rason group　proofread: Liu Peng

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