The Delhi High Court recently ordered the e-commerce websites, including Amazon and Flipkart, to delist products infringing ‘Reliance’ and ‘Jio’ trademarks [Reliance Industries Limited v Pawan Kumar Gupta & Anr]. .Justice Saurabh Banerjee passed a dynamic injunction on July 10, restraining the alleged infringers from manufacturing, selling or advertising the products with Reliance and Jio trademarks. The Court said that they cannot use Reliance’s artistic work because the infringing trademarks are portraying a picture that the products have been manufactured by Reliance Industries Limited (RIL).“Moreover, the product of defendant nos.1 to 21 are sold through online e-commerce platforms where consumers rely on brand name and logos to identify the origin of goods, in such circumstances, if any confusion between such products, if allowed to continue, could risk consumer safety. Therefore, in such a circumstances, this Court has to adopt a more cautious and stringent approach for judging the likelihood of confusion and to exercise greater care,” the Court noted. .Justice Banerjee passed the order on a suit filed by RIL alleging that several sellers on e-commerce platforms are selling fast-moving consumer goods (FMCG) products using the trademarks of Reliance. It was stated that Reliance is also involved in the FMCG business, selling fresh fruits, vegetables, dairy products, and other everyday groceries through both online and offline channels. The use of Reliance and Jio trademarks without authorisation is likely to deceive and confuse members of the trade and the public at large, it was stated. .The Court agreed with RIL’s submissions and passed the injunction order..Reliance Industries Limited was represented by Advocates Ankit Sahni and Kritika Sahni (Partners), Chirag Ahluwalia (Senior Associate), and Mohit Maru (Associate) of Ajay Sahni & Associates).Advocates Naman Joshi, Priya Goyal and Aakash Deep Singh appeared for Indiamart. Advocates Akshay Maloo and Rashabh Rao represented one of the defendants. Advocates Vivek Ayyagari, Mishthi Dubey and Abhay Aren appeared for another defendant. .[Read Order]
