Online marketplaces established by e-commerce portals claiming to be intermediaries have come under scrutiny from the Delhi High Court. The portals currently enjoy immunity under safe harbour provisions laid out in the Information Technology (IT) Act, 2000. This was examined by a single judge of the Delhi High Court in a series of cases brought by Christian Louboutin SAS, Luxottica Group SPA, Skullcandy Inc and L'Oreal. The Court looked at the practices followed by e-commerce portals in selecting and enrolling sellers on their platform. Further, it examined if such practices made them an active participant or an intermediary. The brand owners in each of the cases listed below questioned the role played by the e-commerce operator in the sale of counterfeit goods on its platform.
