In the case of Allahabad Law Agency vs Amazon Seller Services Private Limited and Others, the Plaintiff filed a suit against multiple online sellers, including Amazon, alleging trademark and copyright infringement. The Plaintiff, Allahabad Law Agency, was a publisher of legal works and the proprietor of the copyright in Dr. R.K. Bangia’s book titled Law of Torts. The Plaintiff also owned copyrights and trademarks in the artistic depiction of its trademark Allahabad Law Agency and the distinctive packaging of its publications. The author had assigned his rights in the book to the Plaintiff, which continued to publish revised editions and paid royalties to the author’s heir.
In 2021, the Plaintiff received complaints regarding the poor quality of a book being sold online, bearing the same title, author, cover design, and content as the Plaintiff’s publication. The Plaintiff discovered that several online sellers were distributing these counterfeit books, thus infringing its copyright and trademarks. The infringing books, despite their identical content, were incorrectly printed and of inferior quality, causing consumer confusion and damaging the Plaintiff’s reputation.
The Court, after examining the evidence, issued a permanent injunction against the defendants, restraining them from further infringement of the Plaintiff’s copyrights and trademarks. The Court, however, declined to award damages or substantial costs, finding that the Plaintiff had not sufficiently proven an entitlement to these claims. The Court granted nominal costs of Rs. 15,000 to the Plaintiff.
Citation: Allahabad Law Agency v. Amazon Seller Services Pvt. Ltd. & Ors., CS (Comm) 36/2021 (Delhi High Court April 15, 2024) Available at: https://indiankanoon.org/doc/58317282/
Authored by Ashwini Arun, Innovation, Consulting and Strategy, BananaIP Counsels
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