Kent R.O. Systems Pvt. Ltd. & Anr. v. Amazon Seller Services Private Limited
(2017) 70 PTC 524
In the High Court of Delhi
F.A.O. (O.S.) (C.O.M.M.) 81/2017 and C.M. 13700-01/2017
Before Justice Gita Mittal and Justice Anil Kumar Chawla
Decided on April 12, 2017

Relevancy of the case: Appeal in a case involving intermediary liability under Section 79

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 79)
• The Code of Civil Procedure, 1908 (Order XXXIX Rule 1, Order XXXIX Rule 2)

Relevant Facts of the Case

• The appellant-plaintiff filed a suit against the respondent-defendant for the infringement of designs.
• The defendant, an e-commerce platform, was responsible for addressing the seller’s grievances and infringement claims of various products sold on the website.
• The plaintiff claimed that the defendant had infringed its designs with regard to the products hosted on their website. Hence, an ex-parte interim injunction was obtained by the plaintiffs.
• The order directed them to take down/block/remove/delist all products infringing the plaintiff’s product.
• Thereafter, the defendant filed an application for modification of the ex-parte ad-interim injunction.
• The plaintiff-appellant has filed the present appeal complaining that no notice of the application was served to them.

Prominent Arguments by the Advocates

• The respondent’s counsel referred to Section 79 of the Information Technology Act, 2000 and stated that the legal position with respect to the intermediary’s liability is well established. Certain judicial precedents were referred to in this context.

Opinion of the Bench

• The court ruled that the modification of the injunction order in favour of intermediary stands quashed.

Final Decision

• Appeal and pending applications disposed of.