In a case that seems to set the benchmark for when an ecommerce website might be considered an intermediary, Darveys.com, a membership based e-commerce site has been ordered by the Delhi High Court to do the following, among other things: Disclosure: Disclose complete details of all its sellers, their addresses and contact details Brand approval for sale of product: If the sellers are not located in India, prior to uploading a product with the trademark of Christian Louboutin, inform them and get their permission before selling these products on its platform. Agreement with sellers in India: If the sellers are in India, get into a proper agreement with them, which guarantees the authenticity and genuineness of the products, and "provide for consequences of violation of the same." Take-down of listing: Take down the listing upon being notified of a counterfeit Christian Louboutin product, notify the seller and the Christian Louboutin company. Warranty: Get a guarantee from the sellers that warranties are applicable and shall be honored by the seller. A seller who is unable to provide this guarantee will not be allowed to sell on the platform Remove meta tags related to Christian Louboutin No damages have been ordered to be paid to Christian Louboutin, because Darveys.com said that none of Louboutin products were sold on the platform, even though the website advertised and promoted products using the Christian Louboutin brand. The Complaint Darveys.com was taken to court by Christian Louboutin, which alleged that Darveys was selling (allegedly counterfeit and impaired)…
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