INDIAMART INTERMESH LTD. ….. Appellant
Versus
PUMA SE ….. Respondent
Date of the Order :- 02.06.2025
The Battle Over Brand Protection
In a significant ruling, the Delhi High Court settled a high-stakes dispute between global sportswear giant PUMA and India’s leading B2B marketplace, IndiaMart. At the heart of the case was whether IndiaMartt’s platform facilitated trademark infringement by allowing sellers to list counterfeit PUMA products under the brand’s name in search menus and product descriptions.
PUMA’s Allegations: Infringement and Counterfeits
PUMA argued that IndiaMART’s drop-down menus, which included “PUMA” as a suggested brand name, encouraged unauthorized sellers to mislead buyers by listing fake products. The sportswear company claimed this not only violated its trademark rights but also damaged its brand reputation. It sought damages and a permanent injunction to block IndiaMART from using its trademark in any form on the platform.
IndiaMART’s Defense: Just an Intermediary
IndiaMART countered that it was merely a facilitator, not an active participant in sales. It likened its platform to a digital directory, where sellers independently list products, and buyers connect with them directly. The company insisted it had no control over sellers’ actions and promptly removed infringing listings when notified. It also invoked “safe harbor” protections under the IT Act, which shield intermediaries from liability for third-party content.
Court’s Analysis: Trademark Use vs. Facilitation
The court scrutinized whether IndiaMART’s inclusion of “PUMA” in its drop-down menus amounted to trademark infringement. It concluded that while sellers might misuse the brand name, IndiaMART itself was not using PUMA’s mark “as a trademark” in a commercial sense. The platform’s primary function was to help sellers categorize products accurately—not to endorse counterfeit goods.
Key Distinction: Not an E-Commerce Player
A crucial factor in the ruling was IndiaMART’s role as a B2B discovery platform rather than an e-commerce site like Amazon or Flipkart. Unlike those platforms, IndiaMART does not process transactions, host product inventories, or directly profit from sales. This distinction weakened PUMA’s claim that IndiaMART actively enabled infringement.
The Intermediary Shield Stands
The court upheld IndiaMART’s protection under Section 79 of the IT Act, which exempts intermediaries from liability for third-party content. However, it emphasized that IndiaMART must strengthen its due diligence, particularly in preventing repeat offenders from relisting counterfeit products. The court also suggested clearer disclaimers to ensure buyers understand that “verified” sellers only have their contact details confirmed—not their product authenticity.
Balancing Trademark Rights and Digital Commerce
While the court refused to ban IndiaMART from using brand names in its menus, it reinforced the obligation to swiftly remove infringing listings. This balanced approach acknowledges the challenges of policing online platforms while safeguarding trademark owners’ rights.
Broader Implications for Online Marketplaces
The judgment sets a precedent for how Indian courts view intermediary liability in trademark cases. It signals that platforms facilitating—but not directly engaging in—sales will not automatically face infringement claims. However, they must implement robust anti-counterfeiting measures to retain legal immunity.
Final Verdict: A Win for IndiaMART, With Caveats
IndiaMART emerged largely victorious, as the court rejected PUMA’s broad injunction request. Yet the ruling serves as a warning: intermediaries must proactively combat misuse of trademarks or risk losing legal protections. For brands, the message is clear—vigilance and swift takedown requests remain essential in the fight against counterfeits.
A Defining Moment for India’s Digital Economy
This case underscores the evolving legal landscape for online marketplaces in India. As e-commerce grows, courts are fine-tuning the balance between innovation and intellectual property rights—a delicate equilibrium that will shape the future of digital trade.
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About the Author
Neeraj Gogia Advocate is expert in commercial litigation, criminal matters, and divorce cases. He provides effective representation across all types of litigation in Delhi’s judicial landscape.
Mr. Neeraj Gogia, Advocate, may be contacted via e mail at advocateneerajgogia@gmail.com or telephonically/WhatsApp at +91-9891800100.
This article is intended for informational purposes only and does not constitute legal advice.
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