Delhi High Court Orders Amazon, Flipkart To Delist Products Infringing Reliance, Jio Trademarks
The Delhi High Court has ordered e-commerce websites, including Amazon and Flipkart, to delist products infringing on
Delhi High Court Orders Amazon, Flipkart To Delist Products Infringing Reliance, Jio Trademarks
Introduction
The Delhi High Court has ordered e-commerce websites, including Amazon and Flipkart, to delist products infringing on Reliance and Jio trademarks. Justice Saurabh Banerjee passed a dynamic injunction restraining the alleged infringers from manufacturing, selling, or advertising products with Reliance and Jio trademarks.
Factual Background
Reliance Industries Limited (RIL) alleged that several sellers on e-commerce platforms were selling fast-moving consumer goods (FMCG) products using the trademarks of Reliance. RIL claimed that the use of Reliance and Jio trademarks without authorization is likely to deceive and confuse members of the trade and the public at large.
Procedural Background
The Court passed the injunction order on a suit filed by RIL. The Court agreed with RIL's submissions and held that the alleged infringers cannot use Reliance's artistic work because the infringing trademarks are portraying a picture that the products have been manufactured by RIL.
Issues
1. Trademark Infringement: Whether the alleged infringers' use of Reliance and Jio trademarks constitutes trademark infringement.
2. Likelihood of Confusion: Whether the use of Reliance and Jio trademarks is likely to deceive and confuse members of the trade and the public at large.
Contentions of Parties
RIL's Contentions: RIL argued that the alleged infringers' use of Reliance and Jio trademarks without authorization is likely to deceive and confuse members of the trade and the public at large.
Defendants' Contentions: Not reported in detail, but the Court's order suggests that the defendants did not dispute the fact that they were using Reliance and Jio trademarks without authorization.
Reasoning & Analysis
The Court held that the alleged infringers cannot use Reliance's artistic work because the infringing trademarks are portraying a picture that the products have been manufactured by RIL. The Court noted that consumers rely on brand name and logos to identify the origin of goods, and if any confusion between such products is allowed to continue, it could risk consumer safety.
Final Outcome
The Delhi High Court passed a dynamic injunction restraining the alleged infringers from manufacturing, selling, or advertising products with Reliance and Jio trademarks. The Court ordered e-commerce websites, including Amazon and Flipkart, to delist products infringing on Reliance and Jio trademarks.
Implications
The Court's decision highlights the importance of protecting trademarks and preventing consumer confusion. The order also demonstrates the Court's willingness to take a cautious and stringent approach in cases involving trademark infringement and consumer safety.
In this case the plaintiff was represented by Mr. Ankit Sahni, Ms. Kritika Sahni, Mr. Chirag Ahluwalia and Mr. Mohit Maru, Advocates.