Entire blogging community was taken aback when Flipkart sent a legal notice to blogger and influencer, Amit Bhawani. The e-commerce giant sent a copyright infringement and cybersquatting notice to Bhawani for using their logo in fun poll. While Flipkart defined the move as a way to “safeguarding our goodwill, brand and trademarks,” Bhawani speaks his side of the story.
What kind of follow up measures have you taken since you received the notice? Have you managed to touch base with Flipkart and gain a clarification?
I have taken the website down the moment I had received the notice to ensure there is no further issue from the brand. I had sent an email to the legal firm on Friday that is 28th alerting that the website has been taken down and if there is anything else that has to be done. This was clearly done because I was scared on the notice part & didn’t want any legal proceedings from Flipkart.
Usually what kind of a protocol do you follow to ensure no copyright infringement/cybersquatting takes place?
If there is a blog which has a trademark name in it, there is always a disclosure on the footer, but in this specific case it was just a fun poll, not intending to make any money or link back to other website.
To avoid future hassles, do you plan to establish a system or legal disclaimer?
Yes, certainly. In fact, will ensure never book a domain name with the brand name in it. Again there are ways to report issues & Flipkart could have directly contacted me through phone or email since we are already in contact for the media coverage and the same week I was invited to their product launch.
Do you plan to get the website back up with legal tiling?
Is there a need for set protocols and systems to get bloggers and other entities on the same page due to the lack of defined laws for social media?
Yes, there is a need for more information on what should be the right step. I think its lack of this information, I created this website, following which many supported me to take the website back up but since it was not a commercial website, it makes no sense to fight with Flipkart.