Our Bureau
Kolkata
The Calcutta High Court has found a strong prima facie case of selective discrimination against IndiaMART in its lawsuit against OpenAI over exclusion from ChatGPT search results.
IndiaMART InterMESH Ltd., a leading B2B online marketplace operating in over 40 countries, accused OpenAI of unlawfully omitting its website and listings from AI-generated responses, while rivals like DHgate, Pinduoduo, Shopee, and Taobao continue to appear. The company claims this has inflicted significant commercial harm, reputational damage, trade libel, trademark dilution, and unfair competition, citing its status as a well-known mark under India’s Trade Marks Act, 1999. Justice Ravi Krishan Kapur, hearing the matter on December 24, 2025, remarked: “It prima facie appears that the petitioner is being selectively discriminated and unjustifiably excluded without any logic. Inevitably, there is loss of goodwill, reputation and commercial injury.”
IndiaMART argued that OpenAI’s decision stemmed from U.S. Trade Representative reports flagging it for counterfeiting concerns, yet no notice or response opportunity was provided, and similar platforms escaped exclusion. This highlights potential algorithmic bias in AI tools affecting global businesses.
Despite acknowledging the merits, Justice Kapur denied interim relief, noting it would mimic a final order without hearing OpenAI, which remained unrepresented despite service. The court directed fresh service on OpenAI and adjourned the hearing to January 13, 2026.
This case underscores rising scrutiny on AI platforms’ content moderation and its impact on Indian firms. As digital marketplaces rely on AI visibility, the outcome could set precedents for fairness in generative search. IndiaMART, with thousands of employees, emphasized its legitimate operations amid the dispute.
