हिंदी समाचार पढ़े
Expand
O.P. Jindal Global University
 
Home / Intellectual Property News / Christian Louboutin Trademark Infringement: HC directs E-Commerce Site to ensure products are not Counterfeits. Read Judgment

Christian Louboutin Trademark Infringement: HC directs E-Commerce Site to ensure products are not Counterfeits. Read Judgment

November 4,2018:

Delhi HC has directed an e-commerce platform to make sure that each item put up for sale on its site is genuine.

Christian Louboutin
Christian Louboutin

High Court’s directions are a positive step towards ensuring that counterfeits of the popular branded products are not sold on online marketplaces.

HC Judge, Justice Pratibha M Singh issued directions while expounding that in the world of E-Commerce, Trademark owners are face challenging times as the sellers of  the infringing products seek shelter behind platform’s legitimacy and added that those sites which “actively conspire, abet or aide, or induce” commission of unlawful acts, like sale of counterfeits, “cannot go scot-free”.

HC Bench further added that,”In the world of E-Commerce, intellectual property (IP) owners face challenging times. This is because sellers of counterfeit or infringing products seek shelter behind the platform’s legitimacy”.

“Moreover, if sellers themselves are located on the foreign shores and trade mark owner cannot exercise any remedy against the seller who is selling counterfeits on the e-commerce platform, then the trade mark owner cannot be left remediless”, added Justice Singh.

Intermediaries, according to Information Technology (IT) Act, includes E-Commerce sites as it is providing services to customers on behalf of another person, the seller.

Delhi HC Bench was hearing a trademark infringement suit by women’s luxury shoe brand Christian Louboutin which claimed that India-based e-commerce site Darveys.com was selling “impaired or counterfeit” goods in the name of the firm.

Firm is named after its founder, Christian Louboutin, who was a famous designer of high-end luxury products, its plea submitted that his name and image was being used as a meta-tag by the e-commerce to attract consumer traffic to its site.

Taking into consideration contentions of Plaintiff, High Court issued a slew of directions, including that of Darveys.com shall disclose on its site the complete details of its sellers and their contact details.

Website was also directed to obtain a Certificate from its sellers that the Goods they sell on platform are genuine.

HC Bench in its Judgment stated that,”If seller is not located in India, then Darveys.com has to notify brand owner (Christian Louboutin) and obtain its concurrence before offering the product for sale on its platform”.

It further added that if sellers were in India, then Darveys.com shall enter into a proper agreement with them on guaranteeing the authenticity and genuineness of products as well as consequences of violation of terms of such contract.

The court also directed removal of the meta-tags and further ordered that if the website was informed by the plaintiff about any counterfeit product being sold on its platform “it shall notify the seller and if the seller is unable to provide any evidence that the product is genuine, it shall take down the said listing and notify the plaintiff of the same”.

High Court then proceeded to dispose of the plea moved by Christian Louboutin.

Source PTI

Read Judgment @LatestLaws.com:

Delhi HC Judgment on Christian Louboutin Trademark Infringement (Download PDF)

Delhi HC Judgment on Christian Louboutin Trademark Infringement by Latest Laws Team on Scribd

Facebook Comments

Cartoon

Hindu

Let Justice Be Let Justice Be Hindu

Hindu

Humour @ Latest Laws Achhey Din Humour @ Latest Laws: Achhey Din State of Two Nations State of Two Nations               pic by sandeep Missing the Point Missing the Point pic by english blog

Hindu

[caption id="attachment_97462" align="alignleft" width="524"]Painting India Saffron Painting India Saffron[/caption]

TOI

Hindu Hindu

pinterest

Hindu

Hindu

Tax Reforms    by Hindu Tax Reforms by Hindu TOI 150425_-_farmers_a_2384764f

Hindu

Pic by Hindu Women Empowerment and Sports Women Empowerment and Sports Four Pillars of Democracy Four Pillars of Democracy             by Satish Delivery Boy Delivery Boy                    by Satish TOI America First Walk Your own Talk [caption id="attachment_97477" align="alignleft" width="621"]UIDAI Leaks UIDAI Leaks[/caption] Demonitisation Diaries Demonitisation Diaries                                                       by sify Auto Driver thrashed for no fault Auto Driver thrashed for no fault,                  source oneindia If India takes One Step, we will take Two by Satish If India takes One Step, we will take Two ...................by Satish

Hindu

ALL_1_Theme_01A_24_2383617g

Hindu

Time to straighten up Time to straighten up                pic by TOI Hindu

Hindu Hindu

Hindu

Hindu

TOI

TOI TOI Hindu TOI [caption id="attachment_97474" align="alignleft" width="621"]Donald Trump’s immigration ban Donald Trump’s immigration ban[/caption]

TOI

Hindu

IBN IBN

TOI

Belts are for Dogs Belts are for Dogs Hindu Acheche DIn Acheche Din     pic by sify [caption id="attachment_97467" align="alignleft" width="621"]Humour with Latest Laws Humour with Latest Laws[/caption] Demonitisation Diaries 2 Demonitisation Diaries 2  pic by sify

TOI

...as an eminent lawyer you ought to know that your action tantamount to, under Section B, sub-section G.VIX, read along with I.P.C. (A) XI (B), notwithstanding...                                        TOI

Hindu Hindu Alligator vs Litigator Alligator vs Litigator

TOI

Job Hazards

Hindu

TOI

TOI

Hindu Hindu Soaring of Oil Prices pic by indiaone

TOI

Lawyers Bearing the Burden Literally Lawyers Bearing the Burden Literally pic by OMG

TOI

State of Affairs Women Safety: State of Affairs             pic by mangal Demonitisation Diaries 1 Demonitisation Diaries 1                                  pic by sify  
 
 
 

Check Also

Justice Sanjiv Khanna

Why Supreme Court Collegium elevated Justice Sanjiv Khanna instead of Justices Menon or Nandrajog

22.1.2019: Going by seniority, Justice Khanna, 58, is in line to become chief justice of India (CJI) in November 2024 for a term of seven months. The collegium’s controversial decision to elevate justice Sanjiv Khanna from the Delhi high court ...

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest laws

Join our mailing list to receive the Latest Laws News and updates from our team.