Preliminary Review
of Orders of Justice Prathiba Singh on Intermediaries [Delhi HC]
The Hon’ble Delhi High Court has promulgated the ‘Delhi High Court
Intellectual Property Rights Division Rules, 2022. These Rules brings
proceedings pertaining to ‘Intermediaries’ within its ambit and henceforth such
matters are likely to be heard by the division bench comprising of Justice
Prathiba M. Singh and Justice Jyoti Singh. In this background, we attempt to
review orders of Justice Prathiba Singh on ‘intermediaries’ to understand her
view/opinion.
Hon’ble Justice Prathiba M. Singh was elevated to the bench in 2017.
Having a rich experience roster in IPR, the Hon’ble Justice has till date given
around 7[1] orders specifically on the issue of
‘Intermediaries’ under Information Technology Law.
Infringement and Intermediaries:
|
Sr. No |
Case Name |
Relevant Paragraphs
on Intermediaries |
|
1. |
Christian Louboutin SAS v. Nakul
Bajaj and Ors [253(2018)DLT728] |
55, 56, 57, 58, 59, 62,
63, 64, 66, 67, 68, 70, 71, 76, 77, 78, 79, 81 |
|
2. |
L'Oreal v. Brandworld & Ors [Shopclues]
[254(2018)DLT433] |
17, 18, 19 |
|
3. |
Luxottica Group v. Mify Solutions
& Ors [Kaunsa.com] [254(2018)DLT472] |
29 |
|
4. |
Skullcandy v. Shyam Telecom & Ors
[Shopclues] [2019(77)PTC155(Del)] |
20, 21 |
|
5. |
FB v. Surinder Malik [Da Milano]
[2019(80)PTC390(Del)] |
7, 8 |
Direct Selling and Intermediaries:
|
Sr. No |
Case Name |
Relevant Paragraphs
on Intermediaries |
|
6. |
Amway and Ors
[Modicare, Oriflame] v. IMG Tech and Ors [Amazon, Flipkart etc.,] [260(2019)DLT690] |
|
|
|
Whether the Direct Selling
Guidelines, 2016 are valid and binding on the Defendants and if so, to what
extent? |
143 to 174 |
|
|
Whether the sale of the Plaintiffs'
products on e-commerce platforms violates the Plaintiffs' trademark rights or
constitutes misrepresentation, passing off and results in dilution and
tarnishes the good will and reputation of the Plaintiffs' brand? |
175 to 287 277 to 287 [Indian
Position] |
|
|
Whether the e-commerce platforms are
entitled to the protection of safe harbour under Section 79 of the IT Act as
intermediaries |
288 to 305 |
|
|
Whether e-commerce platforms such as
Amazon, Snapdeal, Flipkart 1MG and Healthkart are guilty of tortious
interference with the contractual relationship of the Plaintiffs with their
distributors/direct sellers? |
306 to 318 |
Defamation and Intermediaries:
|
Sr. No |
Case Name |
Relevant Paragraphs
on Intermediaries |
|
7. |
Swami Ramdev v. FB and
Ors [Google, Youtube] [263(2019)DLT689] |
72, 73 |
|
|
on jurisdiction of
Indian Courts to pass global injunction orders against intermediary platforms |
74 to 90 |
