The High Court of Delhi recently issued a judgment in the case of Tibra Collection v/s Fashnear Technologies Private Limited & Ors.; CS(COMM) 678/2023
This case involved allegations of the Defendants misusing the Plaintiff’s product images, listing images, and product design by selling look-alike products on an e-commerce platform. The Plaintiff argued that the Defendants were violating their intellectual property rights and damaging their reputation.
In this case, the invoice provided incomplete details of the seller, while the packaging had contradictory names and entities. The High Court held that e-commerce platforms must ensure that the complete details of the sellers are available on the platform. This would help consumers be aware of the sellers from whom the product was purchased and the entity listing the product. The court granted the Plaintiff’s application for an ex-parte interim injunction, noting that the complete imitation by the Defendants warranted such relief.
The Hon’ble Court considered the provisions of the Consumer Protection (E-Commerce) Rules, 2020, which impose an obligation on e-commerce platforms to provide consumers with the full geographic address, customer care number, ratings, and other feedback about the seller. The court also emphasized the importance of this information for consumers to make informed decisions before purchasing, stressing the need for consistency in the seller’s name.
The Hon’ble Court also held that preventing the sale of such look-alike products was in the interest of consumers. This judgment underscores the importance of e-commerce platforms ensuring the availability of sellers’ details to inform consumers.
Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate
Connect with Mr. Bhatt on Linkedin: https://www.linkedin.com/in/adit-ravishbhatt/
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