The Infringement of Trademark in the E-commerce Sphere – A Comparative Analysis of USA, European Union, United Kingdom & India

Yashwont Kiran S
LL.M (Intellectual Property and Trade Law) student at School of Law, Christ University, Bengaluru, Karnataka, India.

Volume III, Issue VI, 2020

This research paper deals with the trademark’s infringements specifically in the e-commerce circle. Generally, the e-commerce industries evolved during the late 20th century, and it was the time where even many people didn’t even used the internet in many developing countries. The infringement of trademarks was seen as a common problem in offline shopping. Counterfeited goods can be easily found in the local markets even now with a low price in many developing countries. Still, the irony is even in this era of advancement of technology and more usage of the internet in this 21st century, many counterfeited consumer goods were found on online shopping websites. It needs to be prevented efficiently through due diligence obligations. The online business has paved an easy and straightforward path for infringing the trademark in the e-commerce sphere. Nowadays, e-commerce websites are assisted with artificial intelligence software, which sometimes recommends counterfeited goods to the customers. This leads to the question of liability for the infringement of trademarks. The e-commerce websites worldwide are just one of the platforms of shopping that must always be under the security check of the law enforcing authorities to prevent the infringement of trademarks.

Keywords: Trademark, Infringement, Counterfeit, E-Commerce, Online, Goods