The case against Amazon India Limited and M/s Golden Leaf was filed in the Delhi High Court by the Hamdard National Foundation (India) and the Hamdard Dawakhana.
It all stems from a trademark dispute between Hamdard Products and ‘Rooh Afza’ in New Delhi. The e-commerce giant Amazon (Amazon India) has been told to stop selling products made in Pakistan with the rooh afza religious motif after a court in Delhi issued a ban on their import. Within 48 hours, Amazon must not only delete Rooh Afza from its listing but also comply with the court’s decision. Instead, an affidavit is required to be submitted in two months. The e-commerce platform now offers a product called “Rooh Afza.”
We regret to inform you that Rooh Afza items not made by Hamdard Group have been posted on Amazon India. In this case, the petitioners were Amazon India Limited and M/s Golden Leaf, while the petitioners were Hamdard National Foundation (India) and Hamdard Dawakhana. The company is being sued because of its ‘Rooh Afza’ trademark and product.
The Indian Express reports that in court it was stated that ‘Hamdard Laboratories (Waqf), Pakistan’ was responsible for producing the Rooh Afza that Amazon sells. After hearing all of the parties arguments, the judge ruled that the Amazon merchants must provide an affidavit within four weeks. On October 31, the court will hold another hearing on this case.
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The story claims that Justice Pratibha M. Singh stated that “Rooh Afza” has been used by Indians for over a century. The Food Safety and Standards Authority of India (FSSAI) regulations must therefore be adhered to in full.
The complainant has been using the trademark “Rooh Afza” since 1907, and his products include non-alcoholic sherbet and beverages. The Hamdard National Foundation (India) assigned this task to the Hamdard dispensary on August 11, 1975. The M/s amazon.in platform is where Amazon India Limited sells the Golden Leaf product Rooh Afza to its sellers.
The complainant was shocked to learn that the goods he had purchased were not made by him after making the purchase. There were three different approaches taken during this time to acquire the product. It was discovered through this process that the product sold on Amazon. in is not made by the Hamdard National Foundation (India), but rather by the ‘Hamdard Laboratories (Waqf), Pakistan’ based out of Karachi, Pakistan. Hamdard, the plaintiff, has made just such a claim in court.
Besides the manufacturer’s name, no additional information about the product has been provided. The court has also voiced its amazement, stating that the imported product is being sold on the Amazon platform without the full details of the maker.
Petitioner advised the Court that he directs users to the plaintiff’s Hamdard Laboratories India website on Amazon.com when they click the “Visit the Hamdard Store” button. Therefore, the user or user on Amazon. the platform is not able to differentiate between ‘Rooh Afza’ made by Hamdard Laboratories (Waqf), Pakistan, and ‘Rooh Afza’ made by Hamdard National Foundation (India). He thinks it’s a good deal, so he buys it.
You can find this information in full on the website.
As stated, the buyer has no way of knowing if the product being sold is the plaintiff’s unless he receives it. Potentially harmful to the customers. No information is available about suppliers. Since Amazon. positions itself as a go-between, it must provide vendor information (including names, addresses, phone numbers, and email addresses) alongside product listings.
If you are not a member of the sympathizer community, please remove the goods from the listing.
In addition, the court ordered Amazon India to determine whose sellers are offering ‘Rooh Afza’ products during the course of the hearing. The court ordered that any item that does not fall under the Hamdard category be deleted from the index. Since Amazon Sellers asserts its status as a “middleman” under the IT Act of 2000, the court has sided with Amazon. Therefore, he will submit an affidavit detailing the information provided on the Rooh Afza product listing, including the vendor’s name, address, and contact information.
Provide buyers with access to vendor information via Amazon. the site.
The court ordered vendors to explain how customers might access information about products that aren’t included on amazon.in marketplace. A new hearing on this whole case has been scheduled for October 31.