The Delhi High Court recently held that e-commerce platform IndiaMART couldn't claim safe harbour while hosting multiple listings for knock-off Puma goods. In his January 3rd judgment, Justice C. Hari Shankar directed the platform to take down all infringing listings bearing Puma's registered trade marks. Safe harbour, held under Section 79 of the Information and Technology Act, 2000, protects intermediaries from being held liable for the third-party content they host, provided they comply with applicable laws. IndiaMART allows third-party sellers signing up to the platform to choose "Puma" from a drop down menu as a descriptor for the goods they're selling. However, there are few verification processes while doing so, leading to peddlers of counterfeit goods selecting the option as well, and a proliferation of unauthorised Puma knockoffs on the platform. Finding that providing the drop down option constitutes trade mark infringement by IndiaMART, Justice Hari Shankar subsequently restrained IndiaMART from providing any of Puma's registered trade marks as options in the menu. "E-commerce websites are commercial ventures, and are inherently profit oriented," Justice Hari Shankar reasoned. "There is, of course, nothing objectionable in this; but, while ensuring their highest returns, such websites have also to sedulously protect intellectual property rights of others. They cannot, with a view to further their financial gains, put in place a protocol by which infringers and counterfeiters are provided an avenue to infringe and counterfeit. Any such protocol has to meet with firm judicial disapproval...There is nothing inherently illegal in IIL providing a drop…
- China state-backed hacking groups reportedly targeted India and other countries; here’s what we don’t know February 23, 2024
- Microsoft Announces Automation of Risk Identification Process for Generative AI Systems February 23, 2024
- IRCTC announces tie-up with Swiggy for food delivery services February 23, 2024
- MoS IT Rajeev Chandrasekhar accuses Google’s chatbot Gemini of violating IT Rules February 23, 2024
- Google releases open-source AI model called Gemma February 23, 2024
The Minister's response came after an X user posted answers generated by Gemini regarding Prime Minister Narendra Modi.
Vaishnaw said that in the next five years, there will be significant disruptions in the way telecom technology operates.
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
Notably, Indus Appstore will allow app developers to use third-party billing systems for in-app billing without having to pay any commission to Indus, a...
The existing commission-based model, which companies like Uber and Ola have used for a long time and still stick to, has received criticism from...
Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...
Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...
RBI Deputy Governor Rabi Shankar called for self-regulation in the fintech sector, but here's why we disagree with his stance.
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...
135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...