Lifestyle Equities C.V. and Ors. v. Amazon Sellers Service Private Limited & Anr.

Delhi High Court
Document type
Court Decision
Country
Raghav
Mendiratta
Joan
Barata

The manufacturer of goods using the trademark/brand Beverly Hills Polo Club filed an application for an injunction in the Delhi High Court to take down URLs of sellers marketing counterfeit products using the plaintiff’s brand name. On 16 July, 2018, the Court ruled in favour of the petitioners and ordered Amazon to take down sellers' accounts who were selling counterfeit products.

The order, however, did not impose an undue burden on Amazon to monitor new URLs that popped up that sold counterfeit products and instead directed Amazon to share the details with the petitioner of all the sellers associated with the offending URLs. 

Country
Topic, claim, or defense
Other IP
E-Commerce
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Marketplace
Issues addressed
Procedural Protections for Users and Publishers
OSP obligation considered
Block or Remove
Account Termination
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order