Flipkart’s ‘Latching-On’ feature cannot be used to sell counterfeits or mislead gullible public: Delhi High Court

The Delhi High Court has said that the ‘latching-on’ feature offered by e-commerce platform Flipkart cannot be misused to sell counterfeits or mislead gullible customers into buying products as if they were from a particular source when they are not.

Latching on is a feature that allows an e-commerce platform to allow third-party sellers to list a product that is already listed on the website. The “More Sellers” option on a product page allows the user to see other sellers of the same product.

Judge Mini Pushkarna handled a copyright and trademark infringement case filed by furniture brand ‘Maharaja’ against Flipkart and two other companies.

The entity claimed that it had many listings on Flipkart, but due to the sticky feature of the e-commerce platform, other sellers stuck to its listings.

It was alleged that due to the said joining facility offered by Flipkart, other sellers who were not selling genuine ‘MAHARAJA’ products also joined the offers of the plaintiff.

The court noted that the sale two individual accused who are impersonating “Maharaja” branded products on Flipkart cannot be allowed to sell products.

“This feature cannot be used either to sell counterfeit products or to mislead the gullible public into purchasing products as coming from a particular source when in fact they do not come from that source,” the court ruled.

The court held that Flipkart should extend its brand gating function, as per the Flipkart Policy, to the listings of the plaintiff furniture brand.

“The plaintiffs are, therefore, directed to furnish their Flipkart Serial Numbers (FSNs) to the qualified advocates appearing on behalf of defendant No. 1, i.e. Flipkart. On receipt of the FSNs from the plaintiff, defendant No. 1, i.e. Flipkart, shall take steps to prevent any unauthorised sellers from joining the plaintiff’s listings,” the court said.

He added that whenever a seller wants to sell Maharaja products on Flipkart using the latching-on feature, the e-commerce platform will investigate the matter at its own level and in case of any ambiguity, it can seek confirmation from the furniture brand if it wants to. products intended for sale.

“It is further directed that the said stand shall be applicable to all sellers who may wish to join the plaintiffs’ offer. If the plaintiffs notice any joining, Flipkart shall be immediately notified,” the court said while ruling on the petition.

Title: MODERN MOLD PLAST PVT. LTD. & ANR. v/s FLIPKART INTERNET PT. LTD. & ORS.

Click here to read the order