Amway India Enterprises Pvt. Ltd. v. Pioneering Products and Ors.

“332. The Plaintiff in the present suit is M/s Amway India Enterprises Pvt. Ltd. The present suit already stands decreed against Defendant No.2 - Black Olive Enterprises Ltd. vide order dated 26th November, 2018. The injunction application, qua Defendant No.1 – M/s Pioneering Products, Defendant No.3 – M/s Cloudtail India Pvt. Ltd., and Defendant No.4 – M/s Amazon Seller Services Pvt. Ltd., is disposed of in the following terms:

a) Defendant Nos.[1] & 3, i.e., the sellers are restrained by an interim order of injunction from advertising, displaying, offering for sale products of the Plaintiff, namely Amway products, on the e-commerce platform www.amazon.in or on the mobile application - Amazon Online Shopping, or any other ecommerce platform or online mobile applications, without the consent of the Plaintiff - Amway. b) Defendant No.4 - Amazon Sellers Services Pvt. Ltd. is restrained from displaying, advertising, offering for sale, selling, facilitating repackaging of any of the Plaintiff - Amway’s products on its website www.amazon.in and mobile application Amazon Online Shopping, except of those sellers who produce written permission/consent of the Plaintiff for listing of the Amway products on the Amazon platform/mobile application. c) In case of the sellers, if any, who produce consent given by the Plaintiff-Amway, allowing sale of its products through e-commerce platforms, Defendant No.4 - Amazon shall, clearly, provide the name, address and contact details of the said sellers, including the telephone numbers, email address, etc., in a prominent manner, along with the product description. d) If the Plaintiff finds during the pendency of the suit that any of the sellers have displayed its products on the Amazon platform or mobile application without its consent, then it shall give notice to Amazon for taking down the listings of such sellers, which shall be duly taken down within a period of 36 hours by Amazon.”