Trademark Dilution in Online Marketplaces: Navigating the Evolving Legal Landscape
Nihar Bhardwaj, Symbiosis Law School, Hyderabad
ABSTRACT
The advent of e-commerce and online marketplaces has changed the way in which trademarks are created, promoted, used and registered. These platforms like Amazon, Flipkart and Meesho offer sellers to reach out to their customers, but at the same time, pose chances for misuse of trademarks using listings, domain names, descriptions, online advertisement and misleading marks.
Unlike infringement, dilution of trademarks refers to the prevention of distinctive nature and goodwill associated with renowned marks. As per Section 29(4) of The Trademarks Act, 1999 in India, protection can be provided to famous registered trademarks in India despite being in relation to dissimilar products or services, whereas Section 29(8) deals with infringement by advertisements. Sections 11 and 30 deal with well-known marks and their proper usage.
This research paper discusses trademark dilution in online marketplaces through doctrinal and judicial analysis with reference to Intermediary liability under Section 79 of the IT Act, 2000 in the cases of Tata Sons Ltd. v. Manoj Dodia, ITC Ltd. v. Philip Morris Products SA, Christian Louboutin SAS v. Nakul Bajaj and Hindware Ltd. v. Grohe India Pvt. Ltd.