Trademark Infringement In E-Commerce

Maneesha Sunilkumar, LLM (Intellectual property & Trade law), Christ (deemed to be university) Bangalore

Dr. Peketi Rama Rao, Professor, Christ (deemed to be university) Bangalore

ABSTRACT

The digital world is getting bigger day by day, and E-commerce in India is growing at such a high rate. As per records, the size of the Indian e-commerce market is 64 billion USD, and this number is expected to increase by 500% by 2026. With the emergence of E-commerce, it is much easier to get products from around the globe shipped to your doorstep, making the lives of people much easier and more convenient. Once a person enters into the world of e-commerce, there is no going back. Apart from the convenience and ease, the targeted consumers are getting plenty of offers and discounts which stick them on online platforms. This constantly evolves the trends in e-commerce. A`s an effect of this phenomenon, the infringement of trademarks was seen as a common problem in the online as well as offline markets. With the rapid growth of e-commerce platforms, which also resulted in counterfeit goods being sold on these online platforms, selling or authorizing the sale of counterfeit goods infringes the trademark rights of the owner, which causes damage to the reputation of the brand, which the owner might make a huge investment of his money as well as efforts. Fake and counterfeit goods not only affect the patent owners but also put the consumer's health and safety at risk. Online businesses made the path easier for the infringers in that they have the safe veil of internet commerce, which is a safe place to hide. The veil needed to be lifted in order to prevent future infringement through due diligence obligations. The unauthorized seller here making benefits quickly without the fear of being caught because of the anonymity of the internet. This paper examines the possible actions to be taken by the appropriate authority in the prevention of the direct and indirect infringement of trademarks. And also the reason for the cause of such a rapid increase in infringement. This also questions the existing laws in trademarks as well as the relevance of intellectual property rights and their protection in the present state.

Keywords: Trademark, Infringement, E-commerce, Judiciary, Preventive mechanism, Intellectual property right