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ARTICLE · 15 NOVEMBER 2018

When Can E-Commerce Platforms Claim Immunity As An Intermediary Under The Information Technology Act, 2000?

King, Stubb & Kasiva
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The Delhi High Court in its recent judgement in the case of Christian Louboutin Sas vs Nakul Bajaj and Ors., held that an E-commerce platform cannot claim to be an Intermediary under Section 79 of the Information Technology Act, 2000 ...

IndiaIntellectual Property
Rajeev Rambhatla
Rajeev Rambhatla
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The Delhi High Court in its recent judgement in the case of Christian Louboutin Sas ("Plaintiff") vs Nakul Bajaj and Ors.1, held that an E-commerce platform cannot claim to be an Intermediary under Section 79 of the Information Technology Act, 2000 ("IT Act") if it has played an active role in enabling the violation of Intellectual Property Rights ("IPR"). Justice Pratibha M Singh pronounced the judgement on 02nd November, 2018 while disposing off the instant trademark infringement suit in favour of the plaintiff.

Background of the case

  1. The Plaintiff is a world famous designer of high end luxury products. Its name, likeness, photographs and product names enjoy goodwill and protection under the Trademark Act, 1999 ("TM Act"). The name "Christian Louboutin" in word and logo form, as well as the red sole mark are registered trademarks in India.

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