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Flipkart files case against discounts site for copyright violation


We missed this earlier.

Ecommerce company Flipkart has filed a case against FlipkartDiscounts.net for infringing copyright and trademark, reports ET. A Flipkart spokesperson told MediaNama that it takes ‘stringent steps to safeguard its brand and trademarks.’

Its statement added, “The case against the said website is for the infringement of Flipkart’s trademark rights. The court has granted an injunction against the website from operating under the current name and transfer the same to any third party.” The ET report adds that the Delhi High Court has restrained FlipkartDiscounts from providing links to ecommerce sites, in an interim order.

FlipkartDiscounts, which is still live, lists discounts on products listed on ecommerce sites and also offers an Android app called DealsYaari Best Deals and Coupon for download. It offers further discounts by offering codes, but the payment etc. happens on the original site itself. Flipkart is also accusing the site for using a similar logo, however a logo is not visible on the site. FlipkartDiscounts has listed a Facebook group on its website and the website is also strangely “DMCA protected”. The group is owned by Shubham Thakur from Madhya Pradesh, who also seems to run androidhacks.in and the suspended rechargebazaar.net.

Flipkart’s previous legal battles:

– In August 2015, technology journalist Amit Bhawani received an elaborate legal notice from Flipkart for using their logo in a poll that Bhawani was running on a URL named AmazonVsFlipkart. Then, in a response to MediaNama, Flipkart said that the website AmazonVsFlipkart.com did infringe its trademark, and even though it agrees that its legal notice to Bhawani was worded “stronger than intended”. Flipkart believed that the legal notice was issued in the interest of safeguarding its goodwill, brand and trademarks.

– In the same month, Flipkart filed a case against Nikon India in the Karnataka High Court for issuing an advisory on its website which was cautioning customers from buying products on its marketplace and rival Snapdeal. Nikon India was supposedly carrying the advisory since June saying that ecommerce websites “like Flipkart, Snapdeal are not our authorised partner/dealer” and cautioned consumers to “check the warranty entitlements while buying from online portals.” Note that Nikon India in September 2013 had issued a similar statement.

Westland accused Flipkart of infringing copyright: In July 2015, Flipkart was on the receiving end of such a notice from Tata Group’s publisher Westland, which alleged that Flipkart was violating copyrights and the IT Act by selling Amish Tripathi’s novel Scion of Ikshvaku on its platform. Westland claimed that it signed a 2 month exclusive deal with Amazon to sell the book via Amazon, while Flipkart denied this violation by stating that it was only a marketplace connecting sellers and customers through its platform.

Also read:
– Flipkart is right to sue the Uttarakhand government
– Snapdeal’s Ashish Chandra on the regulatory challenges that ecommerce companies face in India

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