📘 Introduction
Is IndiaMART merely a business directory — or does it act as an active marketplace with legal responsibility for trademark infringement?
The Delhi High Court is examining this critical question in a recent case that may redefine how online platforms are treated under trademark law.
🔍 Background of the Case:
- Multiple trademark owners have accused IndiaMART of listing and promoting infringing product listings without consent.
- Plaintiffs argue that the platform hosts fake suppliers, unlicensed sellers, and even facilitates contact and enquiry forms — creating confusion and damage to brand owners.
IndiaMART claims it is a neutral platform, only displaying information uploaded by users, akin to a digital directory.
⚖️ Legal Issues Before the Court:
- Is IndiaMART a passive directory or an active marketplace?
Can intermediaries be held liable for third-party trademark infringement?
- Does hosting contact/lead generation tools create indirect endorsement or enablement of infringement?
📚 Legal Context:
- Under Section 79 of the IT Act, 2000, intermediaries enjoy protection only if they are passive conduits.
- However, if a platform participates in content promotion, monetization, or order facilitation, it can lose safe harbor protection.
- Previous Delhi HC cases (Kent RO v. Snapdeal, Christian Louboutin v. Nakul Bajaj) have ruled online sellers and service providers can be liable if they’re not truly passive.
🧠 Why This Case Matters
IndiaMART is India’s largest B2B listing platform. A ruling against it could trigger compliance changes across many similar models.
This case tests whether marketplace-model sites must start verifying sellers, IP rights, and product listings before publication.
🧾 Likely Court Directions (As Per Past Rulings)
Platforms may need to:
✅ Display trademark disclaimers on product pages
✅ Provide a robust IP takedown mechanism
✅ Disable listings upon verified brand complaints
✅ Avoid promoting infringing content in search or lead funnels
🛡️ Trademark Holder’s Advice:
✔️ Register your trademarks (Wordmark + Logo)
✔️ Send cease & desist notices to listing platforms
✔️ Use court-approved formats for takedown notices
✔️ Demand seller-level details and platform accountability
📲 Need Help Protecting Your Brand Online?
SecureMyTM.com helps brands:
✔️ Register and enforce trademarks
✔️ File IP takedown requests to platforms
✔️ Prepare legal notices & affidavits
✔️ File online infringement cases in appropriate jurisdiction
📞 Contact:
🌐 Website: www.SecureMyTM.com
📩 Email: info@securemytm.com
📌 Disclaimer:
This blog summarizes ongoing legal matters for public awareness. For legal advice tailored to your trademark or digital rights, contact our expert team at SecureMyTM.com.
