In a landmark ruling, the Delhi High Court has ordered e-commerce giant Amazon to pay approximately $39 million (roughly 340 Crore Indian Rupees) in damages for violating the "Beverly Hills Polo Club" (BHPC) trademark.
The court found that Amazon's India platform facilitated the sale of apparel bearing a logo strikingly similar to the BHPC trademark, leading to consumer confusion and brand dilution. Lifestyle Equities, the owner of the BHPC trademark, filed the lawsuit alleging trademark infringement.
Key highlights of the ruling:
Significant Penalty:
The court imposed a substantial financial penalty, emphasizing the severity of the trademark violation.
E-infringement:
The ruling addresses the growing issue of "e-infringement" and the responsibility of e-commerce platforms in preventing the sale of counterfeit and infringing products.
Liability of Platforms:
The court held Amazon accountable for the products sold on its platform, rejecting attempts to shift responsibility.
Permanent Injunction:
In addition to the financial penalty, the court upheld a previous permanent injunction against Amazon's use of the infringing mark.
Court findings:
The court found that the logo's being used on products sold on amazon, were nearly identical to the BHPC trademark.
The court took issue with amazons attempt to “deliberate strategy of obfuscation… in an attempt to shift responsibility and evade liability for trademark infringement”.
This ruling sets a significant precedent for intellectual property rights in the Indian digital marketplace, highlighting the importance of stringent trademark compliance for online platforms.
In addition to the financial penalty, the court upheld a previous permanent injunction against Amazon's use of the infringing mark.
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