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Challenges of E-Commerce and Trademarks in the Indian Retail Industry

Article by Jyoti Lakhoria


The retail industry in India has experienced significant growth because of factors including changing consumer preferences and increased internet usage. However, it also brings up issues related to trademarks with more and more merchants using online platforms, it is more important than ever to protect brands against infringement and counterfeiting.

There is a serious risk to consumer confidence and brand recognition due to the widespread unauthorised use of trademarks. It will take robust legislative frameworks and diligent brand management to overcome these concerns and develop a secure and thriving e-commerce industry in India. 


The Function of Intellectual Property in E-Commerce

E-commerce is a fantastic tool for company facilitation however, the owner is the only one responsible for protecting his intellectual property rights. When a company fails to defend intellectual property before making it public, they unintentionally give others the right to utilise it unfairly.

Prior to starting to sell both online and offline, it is important to ensure that all necessary steps have been performed to get the relevant intellectual property rights protected. India needs to adequately safeguard intellectual property rights because of their geographical character. Consequently, the required IPR registrations must be completed to obtain legal protection while selling a product on an Indian e-commerce site.

Therefore, any company, especially one that relies on e-commerce, must take the initiative to protect its intellectual property through patents, copyrights, trademark registrations, and other legal steps before placing it in the public domain.

Many e-commerce businesses, frequently break copyright and trademark laws when they sell phone and counterfeit items. Indian courts have contributed to the jurisprudence of intermediary responsibility by holding platforms accountable for actively hosting and taking part in IP rights breaches, as opposed to concentrating solely on the direct infringement of rights by sellers of counterfeit products.


Trademarks’ Difficulties in the E-Commerce Industry


Due to the Internet’s global reach, businesses now have a wealth of chances to engage with clients worldwide. However, due to their extensive use, trademarks may be infringed upon overseas, making it challenging to protect trademark rights. Businesses must be aware of the territorial nature of trademark protection and investigate alternatives for international trademark registration to safeguard their rights across several jurisdictions.


“Cybersquatting” is the practice of registering domain names that are exact duplicates or confusingly close to well-known trademarks in the digital age in order to profit from confusion. Because domain name disputes are costly and time-consuming, business houses need to take preventative measures like monitoring domain registrations, sending cease-and-desist notices, and using the Uniform Domain-Name Dispute-Resolution Policy (UDRP).


Businesses can find many marketing opportunities on social media platforms, but they also run the danger of being impersonated. Unauthorized entities can create fake pages, accounts, and profiles in order to deceive customers, damaging their brand and possibly incurring costs. In order to maintain a trustworthy brand, businesses should report phony accounts and engage with people and closely monitor social media platforms.


E-commerce platforms have revolutionized the retail business, but they are also havens for the creation of counterfeit goods. Online markets provide anonymity to those who engage in counterfeiting, enabling them to sell fake items and harm legitimate firms’ reputations. Businesses must work closely with e-commerce platforms to halt the sale of counterfeit goods and exercise caution when spotting and reporting counterfeit items.


Due to the extensive use of User Generated Content (UGC) on social media and other online platforms, a challenge to trademark protection arises. Businesses need to figure out how to allow user participation while maintaining brand protection. To maintain the integrity of the brand, establishing clear guidelines for user-generated content and a robust removal procedure for content that infringes upon rights are crucial.



The protection of intellectual property in e-commerce is a difficult problem, particularly when it comes to handling the online sale of fake items. It is necessary for IP rights holders, e-commerce companies, and relevant government agencies to collaborate more closely, practice joint governance, and exchange technology and data.