Case Title: IndiaMART Intermesh Ltd. Vs. PUMA SE Date of Order: June 2, 2025 Case Number: FAO(OS)(COMM) 6/2024 Neutral Citation: 2025:DHC:4819-DB Court Name: High Court of Delhi Name of Judge: Hon'ble Mr. Justice Vibhu Bakru and Hon'ble Ms. Justice Tara Vitasta Ganju
Brief Facts: PUMA SE filed a suit claiming that IndiaMART’s platform facilitated the sale of counterfeit PUMA products by allowing sellers to describe their goods using PUMA’s trademarks. PUMA sought injunctions to prevent IndiaMART from using the trademark in the search options and from hosting infringing listings.
Discussion by Judge: The court observed that IndiaMART’s use of the PUMA trademark in its drop-down menu was the primary issue. It found that IndiaMART’s actions, under the business model, amounted to infringement under the Trade Marks Act. The court noted the platform’s role in facilitating the sale of counterfeit goods and restrictions under relevant laws, including the IT Act, regarding safe harbor protections. The court balanced the need to protect trademark rights against IndiaMART’s functions as an intermediary, ultimately deciding that IndiaMART must remove infringing listings and not use the trademark as a search term, but it could continue to offer branded options with reasonable efforts.
Decision: The court restrained IndiaMART from offering the PUMA trademark in its search options and directed it to remove infringing listings. However, the court set aside the order prohibiting IndiaMART from offering PUMA as a dropdown option, considering the balance of interests.
