Delhi High Court
Amway India Enterprises Pvt. Ltd. vs Pioneering Products And Ors. on 8 July, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 30th May, 2019
Date of decision : 8th July, 2019
+ CS (OS) 480/2018
AMWAY INDIA ENTERPRISES PVT. LTD. ......Plaintiff
Through: Mr. Rajiv Nayar, Senior Advocate,
with Ms. Priya Kumar, Mr. C.D.
Mulherkar, Mr. Shailabh Tiwari, Mr.
Tejas Chhabra and Mr. Chanakya
Diwedi, Advocates (M:9716989180)
versus
PIONEERING PRODUCTS AND ORS. .....Defendants
Through: Mr. Sandeep Sethi, Senior Advocate,
with Mr. Prince Pawaiya, Ms. Prema
Arora, Ms. Peri Surya Yashodhara
and Mr. Karan Chopra, Advocates,
GNP Legal, for Defendant no.3
(9549124005)
Mr. Saikrishna Rajagopal, Ms. Sneha
Jain, Ms. Savni Dutt, Mr. Devvrat
Joshi, Ms. Nilofar Absar and Ms.
Abhiti Vachher, Advocates, for
Defendant no.4. (9810621272)
Ms. Amita Gupta, Advocate, for
Defendant No.1 (9900064366)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.
I.A.13159/2018 (u/Order XXXIX Rules 1 and 2) in CS(OS) 480/2018
1. A batch of seven suits viz. CS (OS) 410/2018, CS(OS) 453/2018, CS
(OS) 480/2018, CS(OS) 531/2018, CS(OS) 550/2018, CS(OS) 75/2019 and
CS(OS) 91/2019 having overlapping issues were heard by this Court from
time to time. The interim application filed in this suit has been disposed of
vide a detailed common judgment dated 8th July, 2019, in CS(OS) 410/2018.
For detailed judgment, refer to CS(OS) 410/2018.
2. However, the operative portion of judgment dated 8th July, 2019, in
respect of the present application, reads as under:
"332. The Plaintiff in the present suit is M/s Amway
India Enterprises Pvt. Ltd. The present suit already
stands decreed against Defendant No.2 - Black Olive
Enterprises Ltd. vide order dated 26th November,
2018. The injunction application, qua Defendant No.1
- M/s Pioneering Products, Defendant No.3 - M/s
Cloudtail India Pvt. Ltd., and Defendant No.4 - M/s
Amazon Seller Services Pvt. Ltd., is disposed of in the
following terms:
a) Defendant Nos.1 & 3, i.e., the sellers are restrained
by an interim order of injunction from advertising,
displaying, offering for sale products of the Plaintiff,
namely Amway products, on the e-commerce platform
www.amazon.in or on the mobile application -
Amazon Online Shopping, or any other ecommerce
platform or online mobile applications, without the
consent of the Plaintiff - Amway.
b) Defendant No.4 - Amazon Sellers Services Pvt. Ltd.
is restrained from displaying, advertising, offering for
sale, selling, facilitating repackaging of any of the
Plaintiff - Amway's products on its website
www.amazon.in and mobile application Amazon
Online Shopping, except of those sellers who produce
written permission/consent of the Plaintiff for listing
of the Amway products on the Amazon
platform/mobile application.
c) In case of the sellers, if any, who produce consent
given by the Plaintiff-Amway, allowing sale of its
products through e-commerce platforms, Defendant
No.4 - Amazon shall, clearly, provide the name,
address and contact details of the said sellers,
including the telephone numbers, email address, etc.,
in a prominent manner, along with the product
description.
d) If the Plaintiff finds during the pendency of the suit
that any of the sellers have displayed its products on
the Amazon platform or mobile application without its
consent, then it shall give notice to Amazon for taking
down the listings of such sellers, which shall be duly
taken down within a period of 36 hours by Amazon."
3. The I.A. stands disposed of in the above terms.
PRATHIBA M. SINGH
JUDGE
JULY 08, 2019/dk
