Louboutin v. Darveys.com: Dehli High Court’s clarifications on the liability of marketplaces
Louboutin sued Darveys.com before the High court of Dehli for infringement of its trademark rights, an opportunity for the high court to clarify the issue on the liability exemption that intermediaries can potentially benefit. In the present case, given Darveys.com’s active and central role in its business model and in the content of its platform, the High Court considered that this marketplace could not be qualified as an intermediary under the India Information Technology Act (High Court of Delhi, Christian Louboutin SAS v. Nakul Bajaj and Ors., CS (COMM) 344/2018).
1. The business model of Darveys.com
2. The 2014 Injunction Order
3. The liability of intermediaries under India law
3.1. What is an intermediary?
3.3. References to foreign case law
3.4. India case law
3.5. The ruling of the court in the case of the marketplace Darveys.com
4. Infringement of the trademark rights
5. The court, a business model advisor
6. No damages