The Calcutta High Court has identified a strong prima facie case of selective discrimination against IndiaMART in its legal battle with OpenAI over exclusion from ChatGPT search results. IndiaMART, a prominent B2B online marketplace operating globally, claims that OpenAI has unlawfully omitted its site while favoring competitors like DHgate and Shopee. This exclusion allegedly caused significant commercial harm and reputational damage, with IndiaMART citing its status as a well-known mark under the Trade Marks Act, 1999. Justice Ravi Krishan Kapur highlighted the potential algorithmic bias affecting global businesses during the December 24, 2025 hearing, though he denied interim relief for IndiaMART, emphasizing due process for OpenAI. The court’s decision to adjourn the case until January 13, 2026, signals increasing scrutiny on AI moderation practices and their implications for Indian enterprises. The outcome could influence fairness in generative search and AI visibility for digital marketplaces.
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Calcutta HC Identifies ‘Selective Discrimination’ in IndiaMART’s Case Against OpenAI – The Indian EYE
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