Consumer Protection
Obligation upon e-commerce platforms—There is an obligation upon the E-Commerce platform to ensure that complete details of the sellers are available on the platform so that consumer is aware of the sellers from whom the product has been purchased and the entity, who is listing the product—Consumer Protection (E-Commerce) Rules of 2020 imposes an obligations on the e-commerce platform to give the full geographic  address, customer care number, rating and other feedback about the seller for enabling consumers to make informed decision at the pre-purchase stage.
[Para 25]
Copyright
Suit for infringement and passing off—Misuse of plaintiff's product images by defendants in listing products on e-commerce platforms—Production of look-alike products, misuse of product images that infringe upon the plaintiff's copyrights undermines the integrity of fair trade and competition, warranting intervention to protect the plaintiff's lawful interests—Considering the complete imitation, which has been indulged by second to nine defendants and other unknown defendants, the plaintiff has made out a case for grant of an ex-parte ad interim injunction—It is also in the interest of consumers that such look-alike products are not permitted to be sold—Balance of convenience is also in favour of the plaintiff—Irreparable harm would be caused if the injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers—Directions issued.
[Paras 24 to 26]