Delhi High Court asks WhatsApp to explain its mechanism to identify or delete groups

The Delhi High Court recently ordered messaging app WhatsApp to explain the mechanism followed by it to identify groups on the app by name and technical difficulties faced while suspending such groups from its platform [Sequoia Capital Operations LLC v John Doe and Others]..The High Court passed the order while dealing with a plea filed by venture capital firm, Sequoia Capital, alleging that certain WhatsApp users were defrauding people by misusing the Sequoia trademark.In its plea, Sequoia Capital also sought directions to suspend or delete a WhatsApp group named "John Analyst Group-303" that allegedly had members who misused Sequoia's name.In an order dated March 12, the Justice Sanjeev Narula has directed WhatsApp to file an affidavit explaining the mechanism used by it to take action against such WhatsApp groups. “Insofar as the suspension/ deletion of the WhatsApp group 'John Analyst Group-303' is concerned, WhatsApp LLC is directed to file an affidavit explaining the mechanism followed by them to identify a group by its name and the technical difficulties that they would face for implementing such a direction. Plaintiff, in the meantime, must undertake steps to ascertain another identifier that can be provided to WhatsApp LLC for implementing directions to remove/ block the group 'John Analyst Group-303,'" the Court ordered. .The Court also asked the social messaging platform to file a sealed cover report giving the basic subscriber information related to WhatsApp accounts that are alleged to be cheating people by misusing Sequoia Capital’s name..The Court passed the direction while dealing with an application by Sequoia filed in connection with a suit raising concerns that certain people were defrauding people by misusing Sequoia's name.The Court had earlier ordered WhatsApp and Telegram to delete all groups/ community groups and accounts/ channels that were committing fraud..On March 12, WhatsApp opposed Sequoia’s request to block WhatsApp accounts of some of the phone numbers referred to by Sequoia.WhatsApp contended that Sequoia has not provided any evidence depicting the infringement of its marks by these phone numbers.WhatsApp stated that there is no material to show that these WhatsApp accounts have posted messages resembling the infringing content in the WhatsApp group titled “John Analyst Group-303."It was also stated Sequia has not provided sufficient identifiers for WhatsApp to locate the group for necessary action. If the group is to be blocked, Sequia must provide further information, such as the name of the group administrators or the group/ community invite link to the “John Analyst Group-303” WhatsApp group, WhatsApp submitted. .After considering rival submissions, the Court passed directions to ensure that the Know Your Customer (KYC) details of the WhatsApp accounts mentioned by Sequoia were shared with the firm in a sealed cover. This is so that Sequoia may identify the perpetrators who are infringing its trademark. In view of this direction, Sequoia did not press for its prayer to delete the WhatsApp groups run these accounts for the present..Advocates Priya Adlakha, Vardaan Anand and Shiv Mehrotra represented Sequoia Capital.Advocates Tejas Karia, Swati Agarwal, Shashank Mishra, Mohit Singh, Akshi Rastogi, Vedika Rathore and Ritika Bansal appeared for WhatsApp.Union of India was represented through Central Government Standing Counsel (CGSC) Nidhi Raman and Advocate Zubin Singh.Advocate Yashika Kapoor represented Vodafone Idea..[Read Order]