Delhi High Court Provides Interim Relief To Jio & Reliance, Orders E-Commerce Platforms To Delist Counterfeit FMCG Goods
The Delhi High Court has ordered e-commerce platforms like Amazon and Flipkart to temporarily delist pages of as many as 21 sellers offering counterfeit products in the FMCG sector by misusing Reliance and Jio trademarks.
Stating that the dispute involves edible products and misuse of brand name may risk consumer safety, Justice Saurabh Banerjee held that a “a more cautious and stringent approach” has to be adopted in the case.
“Since the present dispute involves edible product i.e., poha, which is commonly purchased by wide section of consumer, including those from rural and semi literate background. 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 states.
Reliance alleged it had found a substantial number of listings of infringing goods being offered for sale under its well-known 'RELIANCE' and 'JIO' formative trademarks on the ecommerce platforms.
It submitted that most of the aforesaid listings were posted by sellers operating under fictitious names and identities, making it virtually impossible to trace, identify, and take legal action against them.
The Court found that the overall presentation of the defendant nos.1 to 21's goods is such that it is likely to cause confusion or make the consumers draw an association in their minds qua them being the same as Reliance/ Jio.
“It is prima facie evident that the defendant nos.1 to 21 are using the marks of the plaintiff, which, thus make it apparent that the defendant nos.1 to 21's are guilty of imitating/ coping the plaintiff's trademarks in whole, which the unaware customers will certainly not know of” it held.
The Court thus restrained the 21 defendants and also directed e-commerce platforms, also including Indiamart, Meesho, Snapdeal, etc. to take down the impugned listings.
The platforms have also been directed to disclose the complete contact details, bank account details, of the 21 sellers.
The main suit is listed on 13 November.
Appearance: Mr. Ankit Sahni, Ms. Kritika Sahni, Mr. Chirag Ahluwalia and Mr. Mohit Maru, Advs for Plaintiff; Mr. Naman Joshi, Ms. Priya Goyal and Mr. Aakash Deep Singh, Advs. for D-22/ Indiamart. Mr. Akshay Maloo and Mr. Rishabh Rao, Advs. for D-23. Mr. Vivek Ayyagari, Ms. Mishthi Dubey and Mr. Abhay Aren, Advs. for D-25.
Case title: Reliance Industries Limited v. Pawan Kumar Gupta & Ors.
Case no.: CS(COMM) 675/2025
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