In February 2025, the Delhi High Court issued a decision that’s already sending ripples across global eCommerce. Amazon Technologies was ordered to pay over US$38 million in damages to Lifestyle Equities for trademark infringement — the largest award of its kind in India to date.
The dispute centred on unauthorised sales of goods featuring the BEVERLY HILLS POLO CLUB logo. But beyond the fine, it’s the reasoning behind the ruling that has drawn the most attention.
The court introduced the concept of “e-infringement”, holding not only the seller responsible but also the platform that enabled the sale. That detail matters. It shifts how liability is viewed in digital commerce — and raises expectations for enforcement.
The court made it clear that passive facilitation is no longer a defence. Amazon’s systems did not prevent the sale of infringing goods. That failure, the court ruled, made them jointly liable.
This judgment creates a benchmark. Platforms can no longer rely solely on user reports or takedown requests. Detection needs to happen early — before a transaction takes place.
It’s a move that could alter how other jurisdictions interpret platform responsibility, particularly in large or fast-growing digital markets.
While this case is more centred on traditional e-commerce and counterfeit products, the risk is even sharper for print-on-demand platforms.
Unlike typical marketplaces that resell goods, POD platforms allow users to upload their own artwork and sell custom-printed items on demand. That opens the door to unintentional infringement — logos, slogans, or designs that may already be protected by copyright or trademark law.
What’s printed may not be a fake product — but if the artwork uses a protected design, it still qualifies as infringement.
That difference matters. And it’s exactly where POD operators need stronger tools.
Intermediaries may now be held responsible, even if they’re not the seller. That includes marketplaces, fulfilment services, POD platforms, and those who host user-generated listings.
Courts are beginning to expect active monitoring, not just systems that respond after a complaint is made.
India’s eCommerce market is among the largest globally. A ruling of this scale will not be ignored by legal teams elsewhere.
This isn’t just a local legal update. It’s a warning — especially for platforms that still rely on outdated moderation models.
Infringio was built for exactly this problem. We provide digital platforms with the tools they need to catch infringement before it reaches the customer.
Here’s how it works:
This isn’t just about protecting rights holders. It’s about reducing platform exposure — legal, reputational, and operational.
It’s likely this ruling won’t remain an outlier for long. As courts and regulators examine the role of intermediaries in online infringement, the expectation is shifting from reaction to prevention.
In the past, platforms may have been able to point elsewhere. That’s changing.
If your current systems don’t identify issues before listings go live — especially if your users are uploading the content — now is the time to act.
Book a demo with Infringio today to see how smarter, earlier enforcement can help protect your POD platform — and keep your business out of the headlines for the wrong reasons.
Disclaimer: Not Legal Advice
This content is provided for informational purposes only and does not constitute legal or professional advice. The information reflects our understanding as of the date of publication and may not apply to every situation or jurisdiction. You should consult qualified legal counsel for advice tailored to your specific circumstances. Any actions taken based on this content are at your own risk. Neither VISUA nor its affiliates accept liability for any losses or damages arising from the use of this information.
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