In a trademark infringement dispute between IndiaMART Intermesh Ltd. (“IndiaMART”) and PUMA SE (“PUMA”), the Division Bench of the Delhi High Court set aside a prior injunction restraining IndiaMART from offering the PUMA trademark as an option in its seller registration drop-down menu. The Court permitted IndiaMART to continue offering trademark-based menu items and search terms, subject to obligations regarding takedown of infringing listings.
Read more about IndiaMart, PUMA, Drop-Downs, and Intermediary LiabilityTag: intermediary liability
Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown Order
In a clear endorsement of constitutional protections in the digital realm, the Supreme Court set aside a Delhi High Court directive requiring removal of Wikipedia content related to a defamation suit. The Court held that such pre-emptive takedown orders, absent a compelling constitutional basis, violate the freedoms guaranteed under Articles 19 and 21, and cannot be sustained within India’s legal framework.
Read more about Supreme Court Upholds Free Speech in Wikimedia Case, Sets Aside Takedown OrderOnline Enforcement of IP
This article explores the challenges and procedures of online enforcement of intellectual property, including takedown requests and intermediary roles. It offers a structured analysis of legal complexities and practical steps for protecting IP rights in the digital environment.
Read more about Online Enforcement of IPSummary of Indian Copyright, Entertainment Law Cases and Rules of 2019
A structured overview of significant Indian copyright and entertainment law cases from 2019, with analysis of court judgments and regulatory developments. This post highlights legal trends and provides insights into copyright enforcement and intermediary obligations in India.
Read more about Summary of Indian Copyright, Entertainment Law Cases and Rules of 2019Super Cassettes Industries v. Myspace Inc and Anr.
The Delhi High Court in Super Cassettes Industries v. Myspace addressed intermediary liability for copyright infringement under Indian law. The court held that internet platforms may be liable for infringing content, especially after receiving notice from the copyright owner.
Read more about Super Cassettes Industries v. Myspace Inc and Anr.Intermediaries, Marketplaces and Take Down Actions
This post examines the challenges of intermediary liability and takedown actions in India, focusing on copyright enforcement in online marketplaces. It provides a legal and practical perspective on the effectiveness and pitfalls of the takedown process.
Read more about Intermediaries, Marketplaces and Take Down ActionsProviders of free Wi-Fi free from copyright liability
The Advocate General’s opinion in the CJEU addresses whether free Wi-Fi providers are liable for copyright infringements by users. The opinion supports safe harbour protections and limits intermediary liability under EU law.
Read more about Providers of free Wi-Fi free from copyright liabilityLiability of E-Retailers – A Copyright Battle
This article analyses the copyright dispute involving Flipkart and Westland over exclusive book sales. It discusses the legal complexities of intermediary liability for e-retailers in India and reviews recent court actions, underscoring the need for judicial clarity.
Read more about Liability of E-Retailers – A Copyright BattleCease and desist notice to Snapdeal
Nalli issued a cease and desist notice to Snapdeal for alleged unauthorised use of its trademark and images. The incident highlights ongoing legal debates concerning the liability of e-commerce platforms for the actions of their sellers in India.
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