201808.07

India: Amazon Obliged to Bring Counterfeiters to Justice

In India, Beverly Hills Polo Club brand (BHPC) had received information on widespread sale of counterfeit products on amazon.in, including apparel products, accessories, fragrance products, watches, or belts. Now BHPC does not sell its products on online marketplaces, except fragrance/perfumery products. BHPC had therefore asked Amazon to delist the counterfeit URLs and provide BHPC with the names and contact details of the suppliers of the said counterfeit goods. BHPC sent a cease-and-desist letter to Amazon with the view of: 1) removing the counterfeits; and 2) disclosing the names and contact details of the counterfeiters. Amazon agreed on the first point, but not the second.
BHPC brought Amazon before the Dehli court on the basis of paragraphs 1 and 2 of Order XXXIX of the Indian Code of Civil Procedure. On July 16, 2018, the Dehli High Court granted all of BHPC’s claims and ordered Amazon not only to delist the infringing URLs, but also to disclose the data needed to identify the counterfeiters without any delay (Lifestyle Equities CV and Ors v. Amazon Sellers Private Service Ltd., CS (COMM) 1015/2018).

About IP Twins

IP Twins has developed a tool that can detect counterfeits on dozens of online marketplaces. We can: i) collect evidence, ii) send cease-and-desist letters; and iii) remove the counterfeits. We also make every effort to identify counterfeiters.