'Strong Prima Facie Case': Calcutta High Court Flags Unfair Exclusion Of IndiaMART By ChatGPT, Defers Interim Relief Pending OpenAI Hearing

The Calcutta High Court has held that IndiaMART has made out a strong prima facie case of selective discrimination after being allegedly excluded from ChatGPT-generated search results, but declined to grant ad-interim relief on the ground that such an order would virtually amount to granting final relief without hearing OpenAI and the other respondents.Justice Ravi Krishan Kapur, sitting in the Intellectual Property Rights Division of the High Court, passed the order on 24 December 2025 in a suit filed by IndiaMART InterMesh Limited against OpenAI Inc. and others. The case raises important questions on the reliance by AI intermediaries on foreign governmental reports and the limits of algorithmic exclusion impacting Indian businesses.At the outset, the Court recorded a clear prima facie view that the petitioner appears to have been selectively discriminated against and excluded “without any logic”. Justice Kapur noted that such exclusion inevitably causes loss of goodwill, reputation and commercial injury to the petitioner. The Court found substance in IndiaMART's grievance that the respondents had relied mechanically on reviews of the United States Trade Representative (USTR) without notice, hearing or independent assessment.However, the Court cautioned that granting any interim relief at this stage would virtually amount to passing a final decree. In the absence of a hearing of the respondents, such an order could not be justified, notwithstanding the apparent strength of the petitioner's case.IndiaMART stated that it operates a leading business-to-business e-commerce platform through its website www.indiamart.com and mobile application, providing free and paid listings to buyers and sellers, particularly small and medium enterprises. The company claimed operations across more than forty countries, employing about 3,000 people, and asserted that its trademark “IndiaMART” has been recognised as a well-known mark under the Trade Marks Act, 1999.The grievance in the suit centres on the allegation that IndiaMART's website and listings are not being shown or surfaced on ChatGPT, while other platforms and e-commerce marketplace listings continue to appear. According to the petitioner, this amounts to trade libel through implied disparagement, dilution of its well-known mark, injurious falsehood, unlawful interference with business and unfair competition.IndiaMART further alleged that OpenAI, described as an intermediary under the Information Technology Act and the entity operating ChatGPT, consciously excluded the petitioner by relying on USTR reports in which IndiaMART's name features. The Court noted that there was nothing on record to show that the petitioner had been given any prior notice or opportunity to respond before such reliance was placed on the USTR findings.Significantly, the petitioner pointed out that other entities whose names appear in USTR reports for counterfeiting and piracy—such as DHGate, Pinduoduo, Shopee and Taobao—continue to be available on ChatGPT. This, according to the petitioner, demonstrates selective and discriminatory application of standards. The Court found that this contention raised a serious issue requiring consideration.IndiaMART also relied on a press release issued by the Ministry of Consumer Affairs, Food and Public Distribution, clarifying that USTR reports and their findings are not binding on India and that the country is under no obligation to act upon them. Justice Kapur observed that this important aspect had neither been considered nor dealt with by the respondents.Although the matter was taken up urgently and treated as a “Day's List” matter, the respondents remained unrepresented despite service. The Court held that principles of natural justice required that the respondents be given an opportunity to be heard before any interim order affecting their operations was passed.In view of the ensuing court vacation, the matter has been directed to be listed on 13 January 2026 for further hearing. The petitioner has been directed to effect fresh service on the respondents by courier, e-mail and any other permissible mode, informing them of the filing of the suit and the passing of the present order.Case Title: IndiaMART InterMesh Limited v OpenAI Inc. & Ors.Case No.: GA-COM/1/2025; IP-COM/57/2025Click here to read order

'Strong Prima Facie Case': Calcutta High Court Flags Unfair Exclusion Of IndiaMART By ChatGPT, Defers Interim Relief Pending OpenAI Hearing

Srinjoy Das

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