Ecommerce liable for sale of counterfeiting goods.
DELHI HIGH COURT CLARIFIES THE EXTENT OF ‘SAFE HARBOUR’ PROVISIONS FOR INTERMEDIARIES Article by Khaitan & Co. On 2 November 2018, the Delhi High Court (High Court), in Christian Louboutin SAS v Nakul Bajaj and Others (Civil Suit No. 344/2018) has laid down certain guiding principles in respect of liability of e-commerce platforms as intermediaries and the ambit of ‘service’ as has been used in the definition of ‘intermediaries’ under the Information Technology Act, 2000 (IT Act). Background The plaintiff claimed intellectual property rights over the name ‘Christian Louboutin’, which is the name of its founder, Mr Christian Louboutin, a designer of high-end luxury products. The dispute pertained to the sale of “Christian Louboutin” products by the defendants on its website (Darveys.com), using the image and the name of Mr Christian Louboutin. The plaintiff alleged that the defendants attracted traffic on their website by using the names “Christian” and “Louboutin” as m