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Flipkart believes online poll infringed its trademark, but won’t say how

In a response to MediaNama, Flipkart says that the website AmazonVsFlipkart.com did infringe its trademark, and even though it agrees that its legal notice to Amit Bhawani,the Editor in Chief of PhoneRadar.com, AndroidAdvices.com and GizmoReport.com, was worded "stronger than intended". Flipkart believes that the legal notice was issued in the interest of safeguarding its goodwill, brand and trademarks. The company had sent a legal notice to technology journalist Amit Bhawani,  saying that his site www.amazonvsflipkart.com, which was used to poll users about their views on quality of service of Amazon and Flipkart, had violated their trademark and was a case of cybersquatting. Flipkart's statement, following MediaNama's story on the issue: “We respect the right to freedom of speech and endeavor to carry out research and polls. However, the legal notice was issued in the interest of safeguarding our goodwill, brand and trademarks. We contend that the language employed in the said notice was stronger than intended, and will make necessary corrections for any future communication. Pursuant to our notice, the offending trademark infringement has been taken down. In view of the above, our communication has now become irrelevant.” Issues remain with Flipkart's stand 1. The legal notice remains relevant whether Bhawani takes the site down or not: it is the threat that prevents someone from running a poll because he's afraid that a multi-billion dollar corporation will take him to court. 2. Flipkart can't respect the right to freedom of speech "and endeavor to carry out research and polls", and at the same time…

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Written By

Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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