Flipkart and Nikon dispute over cautionary note settled

Nikon not to use names of e-commerce portals for checking warranty entitlements

August 26, 2015 11:46 pm | Updated March 29, 2016 05:36 pm IST - BENGALURU:

The Nikon India Pvt. Ltd. on Wednesday told the Karnataka High Court that it would put out a general cautionary note for the customers for checking warranty entitlements while buying its products from e-commerce portals without mentioning names of e-commerce portals like Flipkart.

Nikon’s counsel made this submission during the hearing of an appeal, filed by the Flipkart Internet Pvt. Ltd., which had questioned July 16 order of a City Civil and Sessions Court refusing to grant injunction restraining Nikon from using name of Flipkart in the cautionary note.

Meanwhile, Flipkart’s counsel agreed to Nikon’s decision to put out general cautionary note about purchase of its products from e-commerce portal.

Justice B.S. Patil, before whom the appeal came up for hearing, disposed off Flipkart’s plea as the issue raised by it in the suit before the civil court does not survive any more as Nikon has taken off the cautionary note in which names of Flipkart was indicated.

The Court has also asked the Flipkart to withdraw or seek dismissal of the suit pending before the civil court.

The notice in Nikon’s India website read: “Please note that e-commerce websites like Flipkart, Snapdeal are not our authorised partner/dealer. We advise you to check the warranty entitlements while buying from online portals.”

In its suit, the Flipkart had contended that Nikon India had defamed its name while also seeking apology from the Nikon for using the name of Flipkart in the cautionary note.

However, the Nikon claimed that it did not intend to target or defame a particular e-commerce portal in its cautionary note, which was general in nature though names of Flipkart and Snapdeal were used.

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