SUMMARY
In the order dated April 5 2022, Justice Prathiba M Singh said that this court has noticed in a number of cases that ecommerce platforms are being used for selling counterfeit and knockoff products
The court instructed the defendant seller to stop manufacturing, selling, advertising, and distributing any products under the complainant's mark or identically similar mark
According to an ASPA report, counterfeiting incidents have increased 24% in India in 2020, creating more than INR 1 Lakh Cr dent in the country’s economy
To curb the sale of counterfeit and imitated products on ecommerce platforms, the Delhi High Court has directed Snapdeal, Meesho and Amazon to take down such products.
As per ET, in a plea, a manufacturer and seller of female hygiene products highlighted the sale of its ‘lookalike’ and counterfeit products on ecommerce sites that are affecting her business.
In the hearing, Justice Prathiba M Singh, observed that the said manufacturer and seller’s products and the counterfeit products were simultaneously being promoted and sold on the online platforms, thus commanded Snapdeal, Meesho and Amazon to remove such products and also, share a complete list of all sellers of such products with the complainant.
In the order dated April 5 2022, Singh said that the court has noticed in a number of cases that ecommerce platforms are being used for selling counterfeit and knockoff products. The present is a classic example of the same.
The court stated, “The sale of such counterfeit or imitated products have become prolific on the internet and needs to be arrested in order to protect the owners of the trademarks as also the customers who purchase these products.”
Besides this, the court instructed the defendant seller to stop manufacturing, selling, advertising, and distributing any products under the complainant’s mark or identically similar mark and also, restrain from using containers as well as packaging that are a substantial imitation of the complainant’s products.
The order said, “defendant nos. 2, 3, and 4, which run the e-commerce platforms www.snapdeal.com, www.meesho.com, www.amazon.in respectively, shall immediately take down all the products which are bearing the (complainant’s) mark “SIROMA” or SIRONA, not belonging to the complainant, within 36 hours after receiving this order…defendant nos.2,3, and 4 shall also give a complete list of all the sellers of “SIRONA” and “SIROMA” feminine hygiene products or any cognate or allied goods being sold on their platforms to the Plaintiff.”
The court warned that stringent actions would be taken against the above-cited ecommerce platforms in case of non-compliance with the orders.
The court said the sale of counterfeit products in similar containers, the colour combination “would be nothing but a complete rip-off for the consumers” which may be under the impression that they are the complainant’s products.
By doing such practices, not only is the complainant’s brand will be diluted and tarnished by the sale of counterfeit products but also in the interest of the general public that these products are injuncted immediately.
According to an ASPA report, counterfeiting incidents have increased 24% in India in 2020, creating an over INR 1 Lakh Cr dent in the country’s economy.
The report states that alcohol, tobacco, FMCG packaged goods, currency and pharmaceuticals are sectors that are largely affected by counterfeiting. These sectors constitute more than 84% of counterfeit cases.
