Last Updated on January 6, 2024 by News Desk
Issue:- The case was instituted by PUMA, whereby it stated that counterfeit goods that bore PUMA marks were put up for third-party sellers on the IndiaMART platform.
Analysis:- The observation was made in an interim order whereby IndiaMART IndiaMESH Limited, from providing any registered trademark of PUMA in respect of the goods as the same was presented to the prospective sellers when they registered on IndiaMART.
It was said by Justice C Hari Shankar that, although the e-commercial platforms are commercial ventures, under this garb they cannot be the haven for the infringers.
They cannot put any protocol using which the infringers and counterfeiters are given an avenue so that they can infringe and counterfeit.
Judgment:- Justice Hari Shankar ordered the taking down of all the infringing listings that contained any registered trademarks of PUMA.
The injunction will remain in force till the court decides PUMA’s trademark infringement suit against IndiaMART.
A clarification was also added saying, the injunction does not need to persist endlessly. IndiaMART has the option to request changes to it if they can show the Court that they have implemented enough regulatory and protective measures.
Conclusion:- It was held by the Delhi HC that the e-commerce platforms must diligently protect the intellectual property rights of others and they cannot claim ‘safe harbor’ in the name of an intermediary if the platform is used to abet counterfeiting.
Case Title:- PUMA SE v IndiaMART InterMESH Ltd.pdf
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
