The Delhi High Court has directed e-commerce platforms, including Amazon and Flipkart, to remove FMCG products sold under unauthorised use of Reliance Industries' ‘Reliance’ and ‘Jio’ trademarks. In an interim order, Justice Saurabh Banerjee also restrained multiple sellers from using these marks and asked platforms to disclose seller details.
has asked
e-commerce platforms, including Amazon and
Flipkart, to take down fast-moving consumer goods (FMCG) that infringed upon
Reliance Industries’ 'Reliance' and '
Jio' trademarks.Justice Saurabh Banerjee, in an interim order last week, also restrained multiple sellers, including one Pawan Kumar Gupta, from manufacturing, selling, or advertising FMCG products under ‘Reliance’ and ‘Jio’ trademarks till the next date of hearing on November 13.
The ecommerce companies were further directed to disclose complete details of the sellers that were found to be indulging in the unauthorised activities.
“…keeping in mind the existing position of law, as also to keep pace with the changing times, coupled with the changing technology, till the next date of hearing, there shall be an injunction…,” the court said, adding that it is apparent that the defendants (sellers) were guilty of imitating/coping RIL's trademarks in “whole, which the unaware customers will certainly not know of.”
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 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 order stated.Noting that such unauthorised use of logos and brand names could mislead consumers into believing that the products were officially manufactured or endorsed by RIL, Justice Banerjee said that the overall presentation of the defendants' goods were such that it was likely to cause confusion or make the consumers draw an association in their minds with them being the same as RIL, according to the court.Justice Banerjee passed the order on a suit filed by RIL alleging that several sellers on e-commerce platforms were selling FMCG products using its trademarks.
It was stated that Reliance which is also involved in the FMCG business, selling fresh fruits, vegetables, dairy products, and other everyday groceries through both online and offline channels, had adopted Reliance and Jio trademarks in 1960s and 2011, respectively. Reliance Industries came to know in June that Gupta and other parties were selling fast-moving consumer goods, including but not limited to poha, wheat flour, foxnuts, pulses, lentils, salt and similar products under the plaintiff's well-known and registered "Reliance" and "Jio" trademarks.