Intellectual Property Infringement on Ecommerce Platforms

In the last 6 months, I have handled over 20 copyright infringement matters ranging from stolen designs to unauthorized use of videos, brand content, and entire courses being resold. There is one common thing in all: "Should we send a legal notice first or directly go for a takedown?" If you're dealing with infringement on platforms like Instagram, YouTube, Amazon, or Etsy, platform takedowns are almost always faster. Most of these platforms have dedicated IP infringement forms, and if your claim is backed by a valid copyright registration or proof of ownership, content is usually removed within 48–72 hours. Under the Copyright Act, 1957, you don’t always need to go through the traditional litigation route. Sections 51 and 52 define infringement and exceptions. And thanks to intermediary liability rules under the IT Act, 2000, platforms are obligated to act when notified of infringing content. But the catch is: takedowns work best for immediate relief, not long-term solutions. That’s where a Cease & Desist notice can possibly help. It builds a legal trail, warns the infringer formally, and can lay the groundwork for damages or an injunction if you decide to escalate later. In short: ✅ If you want speed? Go for platform takedown. 📩 If you want accountability and future protection? Send a Cease & Desist. In most cases, I use both, start with a takedown and then follow up with a notice. It protects the content and sends a message.

The High Court of Delhi Drops a ₹339 Crore Hammer!⚖️ A stunning pronouncement in Lifestyle Equities v. Amazon Technologies marks a watershed moment in recognizing E-Infringement in India. Perhaps for the first time, the Court has emphatically acknowledged the digital dimension of trademark infringement, holding global e-commerce platforms accountable for unauthorized sales affecting brand owners' rights. This decision sets a powerful precedent for enforcing IP rights in the digital marketplace—one that could reshape online commerce as we know it. But what makes this ruling truly groundbreaking? The quantum of damages: A staggering ₹339 crore based on lost royalties and advertising expenses, sending a clear message that infringement in the digital space will not be taken lightly. This is a wake-up call for e-commerce giants: Platform liability for trademark infringement is real, and brand owners now have a powerful precedent to rely on. The question now is—how will this shape the future of IP enforcement in India’s digital economy? Let’s discuss! 🚀 #EInfringement #IPLaw #TrademarkEnforcement #LandmarkJudgment

Legal Innovation Alert: Delhi HC's Game-Changing "Dynamic Injunction" for Brand Protection The Delhi High Court just issued a groundbreaking ruling that every business leader should understand. Justice Saurabh Banerjee ordered Amazon, Flipkart, and other e-commerce platforms to remove products infringing Reliance and Jio trademarks - but here's what makes this truly revolutionary: What's a Dynamic Injunction? A dynamic injunction is an evolving and flexible court order that not only halts current infringers from misusing a brand but also extends to cover future wrongdoers and fresh violations as they emerge, even if they are not named at the outset. This isn't just about stopping today's violations; it's about preventing tomorrow's too. Why This Matters for Your Business: 1. Proactive Protection: Traditional injunctions target specific defendants. Dynamic injunctions cast a wider net, automatically covering future infringers without needing separate legal action. 2. Cost-Effective Enforcement: Instead of filing multiple suits against each new infringer, brands can now rely on one comprehensive order that evolves with emerging threats. 3. Speed in the Digital Age: The court recognised that such misrepresentation could result in consumer safety risks, especially critical for FMCG products where brand trust directly impacts consumer health. The Broader Impact: Reliance's trademarks 'RELIANCE' and 'JIO' have been in use since the 1960s and 2011 respectively, and are recognised as "well-known marks". This precedent shows that even established brands need innovative legal tools to combat e-commerce infringement. Key Takeaways for Business Leaders: 1. E-commerce platforms now face heightened responsibility for trademark monitoring 2. Brand owners have a powerful new weapon against online counterfeiting 3. Consumer safety concerns are driving judicial innovation in IP protection 4. The digital marketplace demands dynamic legal solutions This ruling signals a shift toward more agile intellectual property protection in India's digital economy. For businesses investing heavily in brand building, this could be the legal framework that finally gives teeth to trademark enforcement online. What are your thoughts on this legal innovation? How might it impact your industry's approach to brand protection? #Dataprivacy #AI

When Copying Big Brands Backfires: A Shark Tank Story It’s not every day that a startup gets funded on Shark Tank, only to later shut down because of copycat tactics. But that's exactly what happened with Naturevits Beverages Private Limited—and now even the Bombay High Court has weighed in. The Legal Story: Naturevits’ founders appeared on Shark Tank and openly admitted that their business model involved mimicking the packaging and color schemes of established brands in the beverage industry. Their strategy might have seemed clever at first, but they failed to realize that such tactics can amount to serious intellectual property infringement. Aman Gupta, one of the Sharks, had raised concerns during the episode itself. However, the episode has now been removed from Shark Tank India's platform, possibly due to the ongoing controversy. The Legal Fallout: Naturevits used packaging deceptively similar to brands like Limca and Bisleri. Eventually, Bisleri filed a lawsuit against them before the Bombay High Court on 20th February 2025. By 5th March 2025, enforcement officers seized the infringing products from Naturevits’ premises. Now, in April 2025, the founders are trying to vacate the court's orders, but it's clear that the business is facing major legal troubles. The Big Takeaway: If you're building a brand, do not imitate the intellectual property of established players. It might give you a temporary boost, but in the long run, it can completely destroy your business and reputation. Always build something original—it’s the only sustainable strategy. #SharkTankIndia #BombayHighCourt #IntellectualProperty #IPInfringement #StartupLessons #LegalAwareness #BusinessCompliance #BrandBuilding #CorporateLaw #Entrepreneurship #TrademarkLaw #StartupMistakes #BusinessEthics

The evolution of Amazon suspensions continues. Earlier this week I shared the first three major ways account suspension reasons have transformed over the past decade. Today, I'm revealing the final two critical trends every seller needs to understand: 4) Intellectual Property Violations: IP-related suspensions surged and be came omnipresent, whether based on legitimate rights ownership or using false claims. Poor IP complaint management or lack of expert advice from non-IP attorneys can lead to major appeals problems, with brands often unknowingly violating design, patent, or trademark rights. Others need to dispute bogus claims, but fail to do so properly and click "Accept" just to get the problem out of their field of vision.  5) Way fewer "I Promise to Do Better" Appeals: Amazon is rarely accepting Plans of Action (POAs) for policy violations or for compliance issues. Sellers somehow decide to submit them even when not asked, too. This is often a mistake, or reflects misunderstanding about how appeals changed. Now, they demand proof that you never committed the offense, be it a listing violation, a restricted product sale, or any type of Code of Conduct violation.  If you can't provide adequate evidence to resolve an ASIN-level flag, your entire account could be at risk. Or, you risk staying suspended, if already there. I'll elaborate more on this piece on future posts. After 10 years in this business, I've seen the complete transformation of Amazon's enforcement landscape. What started as basic policy violations with relatively simple appeal paths has evolved into a complex web of compliance demands with fewer second chances. Don't wait until you're suspended to understand these changes. The time to audit your account, listings, and internal processes is NOW - before Amazon's algorithms take down your account. Need help navigating this new reality? My team and I have guided thousands of sellers through successful reinstatement. Message me directly or visit our website.

The infringement of intellectual property (IP) rights is a growing epidemic on e-commerce platforms.  Protecting your brand is crucial for maintaining its integrity and avoiding losses from counterfeit products. These are my 5 strategies for safeguarding your brand effectively:  1. Register Your Intellectual Property: Ensure that your trademarks, patents, and copyrights are registered in relevant marketplaces. This step is vital for preventing issues from copycats and enables you to take legal action if needed. For instance, Amazon's trademark registration helps in swiftly removing counterfeit sellers, protecting your brand from infringement. 2. Utilize Marketplace Tools: Take advantage of tools provided by major e-commerce platforms to manage and protect your brand.  - Amazon Brand Registry: Offers advanced search and reporting tools to help identify and remove counterfeit listings, safeguarding your brand from unauthorized sellers.  - Walmart's Brand Portal: Provides a centralized system to manage your brand, report violations, and ensure your listings remain genuine and trustworthy.  - eBay's VeRO Program: Allows you to quickly remove listings that violate your brand’s rights, maintaining the integrity of your products on the platform. 3. Monitor the Marketplace: Continuously check for counterfeit listings through technology or manual efforts. There are tools available that scan marketplaces and identify potential infringements, enabling you to take action immediately. Regular monitoring is key to maintaining control over your brand. 4. Educate Your Customers: Inform your customers on how to identify authentic products through consistent branding. Use your product listings and pages to educate them about distinguishing real products from fakes. Clear, informative content helps customers make informed purchases and builds trust in your brand. 5. Enforce Your Rights Vigorously: Actively report and remove counterfeit listings using the legal tools provided by marketplaces and engage legal support if necessary to protect your brand. Ensuring that copycats know you take effective action against infringement can deter future violations and uphold your brand’s reputation. By implementing these strategies, you can effectively protect your brand on e-commerce platforms, ensuring long-term success. Have you ever experienced brand misuse or counterfeiting? How did you take action?

Background: The plaintiff, Christian Louboutin SAS, is a manufacturer of luxury shoes and claims to enjoy goodwill and trademark protection over its brand name, founder's name and image, and the red sole mark. The defendants operate the website www.darveys.com, which offers for sale various products bearing the plaintiff's trademarks, without authorization. Intermediary Liability Under Section 79 of the IT Act Section 79 of the IT Act provides exemption from liability to intermediaries for third-party information/data hosted on their platforms. However, this exemption is not absolute and has certain conditions - the intermediary must not initiate the transmission, select the receiver, or modify the information. The intermediary must also observe due diligence and comply with government guidelines. The exemption is lost if the intermediary conspires, abets, aids, or induces the commission of an unlawful act. Factors Determining Intermediary Status: Mere self-identification as an intermediary does not automatically qualify a platform under Section 79. Factors like actively identifying sellers, enabling them, promoting products, selling products, collecting payments, packaging and delivering goods, etc. indicate active participation beyond that of a neutral intermediary. The platform's policies, agreements with sellers, enforcement of terms, and measures to protect intellectual property rights are also relevant. Liability of Darveys.com: Darveys.com's conduct, including promoting products, providing authenticity guarantees, controlling the sales process, etc. suggest that it is not a neutral intermediary. Its use of the plaintiff's marks, founder's name and image without authorization amounts to trademark infringement, dilution and passing off. Darveys.com cannot claim exemption under Section 79 of the IT Act. Orders: Darveys.com must disclose seller details, obtain certificates of genuineness, and notify the plaintiff before offering its products. It must remove any infringing meta-tags and take down listings of counterfeit products upon notification. Darveys.com is directed to comply with certain measures to ensure sale of genuine products and protection of the plaintiff's intellectual property rights. Case Citation: Christian Louboutin Vs Nakul Bajaj: 02.11.2018: CS (COMM) 344/2018:2018:DHC:7106: Delhi High Court: Prathiba M Singh: H.J. Advocate Ajay Amitabh Suman IP Adjutor [Patent and Trademark Attorney] United & United Email: amitabh@unitedandunited.com, Ph no: 9990389539 Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Online enforcement practice tip- report content to the host. Even if they say, "We don't have control," or "We aren't responsible," many hosting companies will quietly remove or block the infringing content soon after a complaint. One of my clients has been dealing with a counterfeiter who uses my client's trademarks and copyrights to trick consumers into providing their financial information, thinking it was the original brand owner. So what can brand owners do? One prelitigation tactic is to report the content to the hosting provider through abuse reporting. In an increasing number of cases, hosting companies are routing traffic through a service called Cloudflare, which helps prevent malicious website traffic. However, it also obscures the host. I reported the abuse to Cloudflare, which provided the registrar information and posted a warning on the website, warning potential victims that the site is not legit. I am now reporting the content to the hosting company and the domain name registrar, as a full prelitigation assault on the infringing company. #BrandProtection #PhishingAwareness

Enforcing intellectual property is essential for safeguarding innovation, preserving market presence, and stopping unauthorized use of proprietary assets. Both companies and individuals must proactively protect their IP by monitoring, taking enforcement actions, and resorting to litigation when necessary. 🔆Monitoring & Detection – Regularly track potential infringements through market surveillance, competitor analysis, and online monitoring tools. 🔆Cease & Desist Actions – Send formal notices to infringers as an initial step to resolve disputes without litigation. 🔆Negotiation & Settlement – Engage in discussions to reach licensing agreements, royalty arrangements, or other resolutions. 🔆Administrative Remedies – Utilize mechanisms like trademark opposition proceedings, customs enforcement, and domain name disputes to prevent unauthorized use. 🔆Litigation & Legal Actions – Pursue court cases when necessary to stop infringement, seek damages, or enforce contractual IP rights. Work with legal counsel to develop a strategic enforcement plan tailored to business objectives. 🗝️ Pro Tip: IP enforcement is essential for maintaining competitive advantage and protecting valuable assets. Make sure you are proactively safeguarding your IP to prevent costly disputes and strengthen your market position.