What is the E - commerce Liability for Trademark Infringement? can platforms like Amazon be held directly accountable even when the infringing sale involves third parties?

Key Takeaways:

✅ Intermediary platforms may carry direct liability where knowledge and control over infringing sales are proven.

✅ Courts emphasized due process (valid service of summons, clarity in pleadings) before imposing massive damages.

✅ “Sufficient cause” under Order XLI Rule 5 CPC now includes egregious errors and procedural lapses, enabling unconditional stay of high-value decrees in exceptional cases.

✅ The case sets benchmarks for safe harbor protection, veil-piercing, and e-commerce responsibilities in trademark law.

Statutes Involved:

✅ Trade Marks Act, 1999

✅ Civil Procedure Code, 1908 (Order XLI Rule 5, Rule 13, Rule 53; Order IX Rule 13)

✅ Arbitration and Conciliation Act, 1996 (Section 36)

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