Tuesday, 7 July 2015

Misuse of Trademark on Websites

No Dil ki deal between Snapdeal and Nalli!
Since the advent of online shopping in India, instances of alleged misuse of trademarks on or by E-commerce portals have been often cited and the recent news of the Saree pioneer Nalli Silk Saree (hereinafter referred to as Nalli Sarees) initiating legal action against snapdeal.com for trademark infringement has been making rounds.

Nalli Silk Sarees was established in 1928 and since then has been selling silk sarees, suits and other fashion accessories under the brand name NALLI. Nalli sarees has outlets in some of the major cities of India like Chennai, Delhi, Mumbai, Bangalore, Hyderabad and Ahmedabad. Nalli Sarees apart from having physical outlets also sells its products online exclusively through its website www.nalli.com. On the other hand, Snapdeal is a well- known Indian online market place which sells and markets wide range of products all over the country through the website www.snapdeal.com.

Recently, Indian Daily, Economic Times has reported that Nalli sarees has issued a cease and desist notice against Snapdeal for allegedly using its trademark NALLI as a search word and also copying images from Nalli’s website and using those images for advertising their sale offer on silk sarees on www.snapdeal.com.

Nalli Sarees has further alleged that Snapdeal has deliberately indulged in such an activity with the motive to unjustly enrich itself by deceiving the public and making the public assume that the original "Nalli" silk sarees were available on Snapdeal’s website.

Reportedly, pursuant to the aforesaid action, Snapdeal has removed all tags, metatags and any word, image or mark that would infringe the trade mark “NALLI” and in this regard a Snapdeal spokespersons stated, "Snapdeal.com is an online marketplace which connects buyers and sellers to provide the widest assortment of products. We have received the notice from the company and will take appropriate actions as per law."

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