Beverly Hills Polo Club v. Amazon (Delhi High Court, 2022)

Delhi High Court directs Amazon to disclose seller details and restrains sale of counterfeit Beverly Hills Polo Club products.

Short Description

The Beverly Hills Polo Club (BHPC) brand filed a suit against Amazon and several sellers alleging trademark infringement and counterfeiting of its branded goods. The Delhi High Court held that e-commerce platforms like Amazon cannot evade responsibility when counterfeit products are sold on their platforms. The Court directed Amazon to disclose seller information, restrain further sale of counterfeit goods, and exercise greater diligence in protecting trademarks.

Facts

• BHPC is a reputed international lifestyle and fashion brand.

• Counterfeit products with the BHPC mark were being sold on Amazon by unauthorized sellers.

• BHPC alleged trademark infringement, passing off, and counterfeiting.

• Amazon argued that it was only an "intermediary" and not directly responsible for third-party sellers.

Findings

• Trademark owners must be protected against counterfeit sales on e-commerce platforms.

• Amazon cannot hide behind its "intermediary" status to escape liability.

• Transparency regarding seller details and quick removal of infringing products is mandatory.

• Counterfeit goods harm consumer trust and damage brand reputation.

Suggestions

• E-commerce platforms should adopt strict monitoring and takedown measures for counterfeit goods.

• Brands should actively monitor online platforms to prevent misuse of their trademarks.

• Stronger seller verification processes can help minimize infringement risks.

Judgement

The Delhi High Court restrained Amazon from permitting the sale of counterfeit BHPC products, ordered it to disclose seller details, and emphasized that e-commerce platforms share responsibility in curbing counterfeit trade.

Judgement Date: 2022 – Delhi High Court