Damages + Intermediary Liability

Aarti Aggarwal, Managing Associate at Remfry & Sagar, recently led an internal knowledge-sharing session on two fast-evolving areas of Indian IP enforcement: damages in trademark law and platform liability.

The discussion traced how Indian courts have moved from nominal awards to more commercially meaningful damages, especially in cases involving deliberate infringement, counterfeiting and well-known marks.

It also examined the growing scrutiny of online platforms, including the distinction between passive intermediaries and platforms that play a more active role in listings, logistics, promotion, packaging or customer engagement.

The session also covered emerging issues around AI, synthetic content and intermediary due diligence, including how India’s legal framework is adapting to platform-driven infringement and algorithmic harm.