Delhi High Court restrains Amazon from selling Beverly Hills Polo Club products
The Delhi High Court has restrained Amazon Export Sales LLC from selling counterfeit Beverly Hills Polo Club products through its Amazon Global Store on www.amazon.in.
Global brand Beverly Hills Polo Club had sought action against Amazon India and Amazon Export Sales LLC (which operates through the Global Store platform of Amazon) for trademark infringement. It had alleged that some of Amazon's sellers were involved in widespread supply and sale of counterfeit goods.
The Delhi High Court, giving respite to Beverly Hills Polo Club, has also directed Amazon Export Sales LLC to disclose the details of all its suppliers who provide the counterfeit product stock to the Amazon Global Store for further resale.
“Counterfeiting activities on Amazon have seriously impacted the brand in India. Due to the safe harbor provided to infringers by Amazon, we do not have fair access to the Indian market. Due to the offer of cheap and inferior counterfeit products by Amazon's own store as well as third parties, the brand has been impacted. Amazon is clearly abusing its dominant position in the Indian market,” Eli Haddad, founder & managing director of Beverly Hills Polo Club, said in a statement.
“There ought to be check and balances under any law such that rights are not unfairly exploited. Despite our continuing notification to Amazon of infringing activities, sold directly by Amazon, as well as by third-party sellers, Amazon has continued its illegal and abusive practices and actively promoted the sale of counterfeit products,” Haddad added.
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