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Misuse of Plaintiff's Product images by Defendants in listing of impugned products on E Commerce Websites

In a recent ruling, the court addressed the issue of infringement of intellectual property rights in the context of e-commerce platforms. The case underscores the significance of safeguarding the rights of creators and businesses against unauthorized use of their intellectual property in product images. This article provides a detailed analysis of the legal principles involved and the implications of the court's decision.

The case involved allegations of infringement by Defendants No. 2 to 9, along with an unidentified Defendant No. 10, who were accused of exploiting the Plaintiff's product images, listing visuals, and product designs for financial gain on e-commerce platforms. The Plaintiff presented a comparative chart of look-alike products, highlighting the unauthorized replication of their copyrighted materials.

Establishment of Prima Facie Case:
The court, upon considering the submissions and evidence presented by the Plaintiff, found that a prima facie case of infringement had been established. The unauthorized replication of the Plaintiff's photographs, images, and product designs by the Defendants was deemed to be an exploitation of the Plaintiff's reputation and intellectual property rights.

Role of E-Commerce Platforms:
While acknowledging the transformative role of e-commerce platforms in facilitating business growth, the court emphasized the importance of ensuring that these platforms are not misused to facilitate the imitation of products and infringement of intellectual property rights. The proliferation of look-alike products and misuse of product images undermines fair trade and competition, necessitating intervention to protect the lawful interests of creators and businesses.

The ruling in this case highlights the need for robust enforcement mechanisms to combat intellectual property infringement in the e-commerce landscape. By affirming the importance of protecting creators and businesses against unauthorized exploitation of their intellectual property, the court has reaffirmed the principles of fairness, equity, and respect for intellectual property rights in the digital economy.

Case Title: Abhi Traders Vs Fashnear Technologies Pvt. Ltd. and Ors
Order Date: 29.02.2024
Case No. CS Comm 180 of 2024
Neutral Citation:N.A.
Name of Court: Delhi High Court
Name of Hon'ble Judge: Sanjeev Narula, H.J.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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