Indiamart Inter Mesh Limited Vs Open AI INC. And Ors. (Calcutta High Court)
No Trademark or Copyright Case Made Out Because AI Responses Did Not Infringe Legal Rights; ChatGPT Search Dispute Rejected Because Alleged Loss Was Pure Economic Loss; Court Declines Interim Relief Because No Legal Duty Exists to Provide Visibility on AI Platform
The petitioner sought interim relief in a suit for protection of its intellectual property rights. It operates an internet-based B2B platform since 1996, providing free and paid product listings, and owns several registered word and label trademarks. Its business depends on internet visibility through intermediaries and search engines that direct users to its website.
The petitioner alleged that although it did not object to the manner in which ChatGPT collected data, it was aggrieved by the responses generated by ChatGPT Search. According to the petitioner, when users specifically sought results from its platform, ChatGPT bypassed the platform by providing direct links to sellers’ websites instead of links to the petitioner’s listings. In contrast, links to competing platforms were displayed. The petitioner claimed that this deliberate exclusion diluted its trademark, amounted to disparagement and unfair trade practices, interfered with its business, and deprived users of access to its platform. It also alleged violations of the Information Technology Act, 2000, the Information Technology Rules, 2021, and Articles 14, 19 and 21 of the Constitution, contending that ChatGPT functioned as an intermediary with a duty not to discriminate.
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