Ann Mariya Paul, LLM (Corporate & Commercial Law), Christ (Deemed to be) University, Bangalore
ABSTRACT
The digital age has revolutionized commerce, leading to both opportunities and challenges in trademark protection. The rise of e-commerce platforms, search engines, and online marketplaces has made it easier for businesses to reach consumers, but it has also increased instances of trademark misuse and infringement. The role of intermediaries in facilitating, knowingly or unknowingly, such infringements has become a subject of legal debate. This paper explores the concept of intermediary liability in the context of trademark infringement, examining the balance between legal immunity under safe harbor provisions and the obligations imposed on intermediaries to prevent trademark misuse. A major concern is the extent to which intermediaries should be held responsible for third-party actions, and how courts interpret their role as passive hosts or active facilitators. The paper also identifies challenges in enforcing trademark rights in the digital landscape, including the rapid reappearance of counterfeit listings and jurisdictional complexities. To address these concerns, the paper suggests policy reforms, stronger due diligence mechanisms, and the establishment of a clearer legal framework that balances the rights of trademark owners with the operational feasibility of intermediaries. Strengthening notice-and- takedown systems and promoting self-regulation among digital platforms can provide a more effective approach to mitigating trademark infringement in the online environment.
Keywords: Intermediary liability, IT Act 2000, Trade Mark Act, 1999, Trademark Infringement, Safe Harbor Protection
Comments