The Delhi High Court in Christian Louboutin SAS v.
Nakul Bajaj & Ors, CS (COMM) 344/2018, held that
e-commerce websites, actively participating in the sale of goods/
services, are not intermediaries and can be held liable
for misuse of trade marks on counterfeit products.
Darveys is an ecommerce website of the Defendant that sells
products of luxury brands in India. Christian Louboutin, we
believe, needs no introduction. Darveys was found selling
counterfeit Christian Louboutin products. Further, Darvey's
design and content gave a general impression that it was affiliated
to Louboutin itself. Nakul Bajaj argued that Darveys was merely
acting as a link between the sellers and consumers. Darveys
contended that the website should be considered as an intermediary
under section 79 of the Information Technology Act, 2000 ("IT
Act"). Section 79 protects intermediaries against third party
information, data or communication link since they do not have any
control over the
