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Trademark Infringement Through Online Marketplaces

6 hours ago
7 min read

Introduction : Last year, a small skincare brand from Jaipur found a problem. Its best-selling serum was being sold online at 60% off. The brand had not sold it there, and none of its distributors had either. The listing used the brand’s own product photos and copied its description word for word. The only thing that was not the brand’s was the liquid inside. It was a cheap copy on a fake label. This is not rare. Startups and big brands across India face it every day. Indian law gives brands good tools to fight back. The catch is that no marketplace will watch your brand for you. You have to do the checking yourself. This article explains how fake listings work on sites like Amazon.in, Flipkart and Meesho, how brands can spot them, how takedowns work, what punishment sellers can face, and a simple checklist.


How Fake Listings Break Trademark Law


A trademark is your brand name, logo, or even the look of your packaging. Section 29 of the Trade Marks Act, 1999 says that using a mark that is the same as or confusingly similar to yours, on similar goods, without permission is infringement. On a marketplace, fake listings hide the problem in three places.


Titles -  Sellers add your brand name to the title so buyers find them in search. Writing “compatible with” or “suitable for” your product can be fine. It becomes a problem when your brand name is used as the product’s main identity, or when words like “original” or “genuine” are used for a fake. Some sellers change the spelling, like “Nykee” instead of “Nike,” to get past filters while still catching buyers’ eyes.


Photos - This is the most common trick. Sellers copy your official product photos, the ones you paid a photographer to shoot. This breaks two laws: trademark law (it confuses buyers) and copyright law (the photo was copied). Sellers also put your logo on fake packs, or show a photo of the real product and ship something else. The buyer then blames your brand in a bad review.


Descriptions -  Lines like “same factory as original” or “brand quality, no brand price” are risky for sellers. They prove the seller knew exactly what they were doing. Copying your marketing text word for word is also copyright infringement. One point people often miss: selling genuine goods without your permission is usually not trademark infringement. Before you complain, check whether the product is fake, the listing is copied, or the seller is just an unauthorised reseller. Complaining about the wrong thing quickly hurts your credibility with the marketplace.

The problem is big. A joint study by the OECD and the EU Intellectual Property Office, based on customs seizure data from around the world, names India as a major source of fake goods across many product types. Indian brands, small businesses and customers all pay the price.


How Brands Can Monitor and Protect Themselves


Indian courts have been clear: the brand owner has to do its own policing. A marketplace will act only after you point out the exact problem.


So the first job is watching. Here are five simple steps any brand can follow.


Step 1: Register your trademark- This comes first. Without a registration, marketplaces may not take your complaints seriously. You can check and apply on the IP India website. Amazon Brand Registry, for example, needs an active or pending Indian trademark and your brand name or logo on the product or packaging.


Step 2: Search your brand every week - Search your name on Amazon.in, Flipkart, Meesho, JioMart and Google Shopping. Try common misspellings too. Copycats are often lazy.


Step 3: Make a test purchase - If a listing looks wrong, buy it. Keep the order ID, record the unboxing on video, and compare the item with your real product: the label, the batch code, the stitching and the packaging. One test purchase with proof is worth more than fifty angry emails.


Step 4: Keep records - For every bad listing, save the link, a screenshot, the seller’s name, the date and the price. If the same seller keeps coming back under new accounts, this record becomes your strongest evidence.


Step 5: Use the platform’s tools - Amazon Brand Registry is free and has a Report a Violation tool. Flipkart and Meesho also run brand protection programmes. These give your complaint a faster route.


How Takedowns Work in India


People often ask about America’s “DMCA takedown.” India has no single equivalent for trademarks. Instead, the system works in three layers.


Layer 1: The platform’s complaint form -  This is where you start. Send your trademark number, the listing link and your proof, such as screenshots and the test purchase order ID. If your complaint is valid, the platform removes the listing.


Layer 2: The IT law rules - Under Section 79 of the Information Technology Act, 2000, a marketplace (called an “intermediary”) is protected from liability for what its sellers do. But it keeps that protection only if it follows due diligence. Once it has actual knowledge of an illegal listing, it must remove it quickly. Under the IT Rules, 2021, the deadline is 36 hours.


In MySpace Inc. v. Super Cassettes Industries Ltd. (2016), the Delhi High Court held that a platform must act on specific knowledge. That means you must identify the exact infringing content. A general statement like “fake products are sold on this site” is not enough.


Layer 3: The court - If the platform ignores you, or the seller keeps coming back, you can go to court. Indian courts can issue an injunction (an order to stop), order fake goods to be seized, and award damages. They can also pass “John Doe” orders against unknown sellers and ask platforms to reveal a seller’s identity. Here is a warning that applies at every layer: never file a false complaint. If you report a genuine product, the platform can block your reporting rights, and the seller can sue you. Report only what you have checked.


Seller Accountability: Where the Law Now Points


Sellers can no longer hide behind a fake shop name. The law now points directly at them.

Platforms must show who the seller is -Under the Consumer Protection (E-Commerce) Rules, 2020, every marketplace must show each seller’s legal name, address, customer care number and, where applicable, GSTIN and PAN. If a buyer asks in writing after a purchase, the platform must share the seller’s full details for dispute resolution. The same Rules require every e-commerce company to appoint a grievance officer, acknowledge complaints within 48 hours and resolve them within one month. Sellers must also appoint their own grievance officer and must not describe their goods falsely.


Platforms can be held liable too - In Christian Louboutin SAS v. Nakul Bajaj & Ors. (Delhi High Court, 2018), the luxury brand sued the website Darveys.com for selling its products without permission. The court held that a platform which actively takes part in a sale loses its safe-harbour protection. Signs of active participation included guaranteeing authenticity, using the brand’s name in meta-tags, charging membership fees and controlling the supply chain. Such a platform can be treated as an infringer itself. The court granted the brand a permanent injunction. The message is simple: if you help counterfeiters, you can be treated as one of them.


Criminal punishment -Selling goods with a false trademark is an offence under Sections 103 and 104 of the Trade Marks Act, 1999. The punishment is six months to three years in jail, plus a fine of ₹50,000 to ₹2,00,000. For a repeat offence, Section 105 raises the minimum jail term to one year.


Customs can stop fake imports- Under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, you can record your trademark with Indian Customs. Customs can then seize and destroy counterfeit goods at the border, before they reach a warehouse. The strongest approach uses these tools together. Report the listing, get the seller’s details from the platform, send a legal notice, and, if the seller repeats the offence, file a criminal complaint. For a habitual counterfeiter, this combination often ends the business.


Marketplace Enforcement Checklist (India)


Keep this list handy. When you find a fake listing, work through it from top to bottom.


Before anything goes wrong


  • Register your word mark and logo on the IP India portal.

  • Join Amazon Brand Registry (free), and Flipkart’s and Meesho’s brand protection programmes.

  • Record your trademark with Indian Customs under the 2007 Rules.

  • Keep these ready: registration certificate, product and packaging photos, and a list of authorised sellers.


Every week


  • Search your brand on Amazon.in, Flipkart, Meesho, JioMart and Google Shopping.

  • Try misspellings and variations of your brand name.

  • Save screenshots, links, seller names and prices of suspicious listings.


When you find a fake


  • Make a test purchase, and keep the order ID and unboxing video.

  • Compare the fake with your genuine product and note every difference.

  • File a complaint on the platform with the listing link, your trademark number and your proof.

  • If photos or text were copied, mention copyright infringement too. It strengthens the case.


If the seller returns or the platform ignores you


  • Write to the platform’s grievance officer. Under the E-Commerce Rules, 2020, they must reply within 48 hours and resolve the complaint within one month.

  • Ask for the seller’s legal name, address, GSTIN and PAN.

  • Send the seller a legal notice through a lawyer.

  • Approach the High Court for an injunction and a “John Doe” order.

  • For repeat offenders, file a criminal complaint under Sections 103 and 104 of the Trade Marks Act, 1999.

  • Alert Customs if fake goods are being imported.


Every quarter


  • Check that you are monitoring every platform where you sell or where fakes appear.

  • Audit your distributors. Sometimes the “fake” comes from a leaky supply chain.

  • Train your customer care team to log every counterfeit complaint from buyers.


The Bottom Line


Fake listings do not solve themselves. The platform will not watch for you, and the court will not act on its own. The seller is counting on you giving up after one complaint. But the law now favours brands. The E-Commerce Rules force sellers into the open. The Louboutin case makes platforms answer for their role. The Trade Marks Act can send repeat counterfeiters to jail. The brands that win treat enforcement as a routine task, a little work every week, like accounting or inventory, instead of a panic once a year.


Author: Gaurika Batla in case of any queries please contact/write back to us via email to content@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney


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