The Delhi High Court has directed an India-based e-commerce site to make sure that each item put up for sale on its site is genuine after a suit of trademark infringement was filed by luxury brand Christian Louboutin claiming the website was selling “impaired” or “counterfeit” goods in its name.
Justice Prathiba M. Singh directed the e-commerce website — Darveys.com — to obtain a certificate from its sellers that the goods are genuine.
‘Obtain concurrence’
“If the sellers are not located in India, prior to uploading a product bearing the Plaintiff’s [Christian Louboutin] marks, it shall notify the plaintiff and obtain concurrence before offering the said products for sale on its platform,” the judge said.
The order of the HC came on plea by Christian Louboutin SAS complaining that the website was offering for sale, and selling, various products bearing its brands/names.
The plea claimed that the website contains the complete Christian Louboutin product catalogue. While the website further claimed that the products were 100% authentic, the company alleged that the goods of the website were impaired or were counterfeits.