Tata Sky drags LinkedIn to Delhi HC over false representation by certain profiles

Direct to home (DTH) operator Tata Sky has dragged social networking platform for professionals LinkedIn Corporation and a clutch of individuals to Delhi High Court for falsely representing themselves as the DTH operator’s official retain sellers on the platform.

The bench of Justice Mukta Gupta has issued notices to LinkedIn and one of the 54 other defendants in the case. The other defendants could not be served notices for want of proper addresses. The defendants have to file replies by 5th March.

In an order passed on 19th February, it had also directed LinkedIn to temporarily disable the profiles of defendant Nos. 2 to 54 within three days. Tata Sky argued that in case the profiles of defendant Nos. 2 to 54 are not disabled temporarily till the decision in the suit, it would suffer an irreparable loss.

The bench, in its order, noted that the balance of convenience also lies in favour of the DTH operator.

The court said that the service of defendant Nos. 2 to 54 except defendant No. 44 is kept in abeyance for the time being.

Tata Sky’s grievance in the present suit is that the number of persons who are not its employees has put their profiles on LinkedIn’s platform indicating themselves to be its employees.

It further stated that the other category of defendants is wrongly using the name Tata Sky in their profile description without any authorisation or any license/permission.

The DTH operator’s grievance against the defendant Nos. 7 and 44 are that despite not being the official retail sellers of its products, the defendant Nos. 7 and 44 on their profiles have represented themselves to be the retailers.

The court has directed LinkedIn to file a written statement which also indicates its user policy indicating whether the proper details of the persons/party who has put its profile on LinkedIn is kept by defendant No. 1 or not and whether any of those user agreements provide for any deterrent action in case of counterfeiting, misinformation or misrepresentation in the profiles put on the LinkedIn.