TRADEMARK INFRINGEMENT AND THE LEGAL ACCOUNTABILITY OF E-COMMERCE PLATFORMS

Abstract

The emergence of e-commerce as a dominant mode of trade in India has significantly impacted the enforcement of intellectual property rights, particularly trademarks. The convenience and scale of online marketplaces have enabled businesses to reach wider consumer bases, but they have also made it easier for third-party sellers to engage in unauthorized sales and misuse of registered trademarks. This trend has raised pressing concerns about the sufficiency of existing legal frameworks to regulate online trademark infringement effectively. While the Trade Marks Act, 1999 provides a comprehensive mechanism for protecting registered trademarks, it does not explicitly address the complex realities of infringement in digital marketplaces. As a result, judicial interpretation has become central to determining whether and when e-commerce platforms may be held accountable for such violations. This study critically examines the scope of trademark infringement under Section 29 of the Trade Marks Act and explores the extent to which e-commerce platforms can be deemed liable for facilitating or failing to prevent unauthorized use of registered marks by third-party sellers. Through the analysis of key legal provisions and judicial developments, the research identifies a growing recognition that platforms which actively participate in advertising, listing, repackaging, or delivering infringing goods may no longer be seen as neutral facilitators but as entities with contributory responsibility. The study also highlights the lack of express statutory obligations for online platforms to prevent or respond to trademark misuse, creating challenges for brand owners seeking redress. In light of this gap, the paper suggests specific amendments to the Trade Marks Act, including clearer definitions of digital infringement, platform liability, and mandatory redressal mechanisms. These reforms are necessary to ensure that the objectives of trademark protection—preserving brand integrity and preventing consumer confusion—remain effective in the evolving digital economy of India.