intermediary liability | Intellepedia

IndiaMart, PUMA, Drop-Downs, and Intermediary Liability

A man carrying a box walks on a running track that leads into a web browser window, symbolizing entry into an online marketplace.

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.

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.

Court Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling

The Bombay High Court directed Meta and other intermediaries to promptly take down deepfake videos of the NSE CEO, citing obligations under IT Rules 2021. The court’s ruling highlights intermediary liability and the need to protect investors from misleading content.

Warner Bros. dries up the Doodstream.com!

The Delhi High Court restrained Doodstream.com after Warner Bros. alleged large-scale copyright infringement and non-compliance with Indian legal requirements. The Court held DMCA defences inapplicable and emphasised adherence to the Information Technology Act and intermediary rules.

Online 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.

Summary 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.

Super 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.

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.

Providers 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.

Liability 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.