IndiaMart Vs OpenAI: Calcutta HC Finds 'Strong Case' Of Selective Discrimination In ChatGPT Results

IndiaMART has filed a case against OpenAI in the Calcutta High Court, alleging unlawful exclusion of the company’s website and listings in search results generated by ChatGPT, as per a report by Bar and Bench.

The the business-to-business (B2B) online marketplace company claimed that the exclusion has caused harm to it commercially and with regards to its reputation as well.

Further, the company alleged that while rival e-commerce and B2B platforms were shown in search results on ChatGPT, OpenAI selectively discriminated against the IndiaMART by omitting its name from AI generated responses.

Justice Ravi Krishan Kapur who heard the case on Dec. 24, 2025, observed that IndiaMART had made out a strong 'prima facie' case against OpenAI, acknowledging the potential commercial damages which can result from long-term exclusion.

"In view of the above, 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 which is being caused to the petitioner," the High Court noted.

However, Justice Kapur also noted granting relief at this juncture would effectively be a final order, which cannot be done without hearing the respondents, who remained unrepresented despite service.

Therefore, he declined to grant interim relief and adjourned the hearing till Jan. 13, 2026, after asking IndiaMART's counsel to effect fresh service to OpenAI.

In its suit, the company highlighted that it has a notable overseas presence and operates in over 40 countries with thousands of employees. Moreover, its trademark 'IndiaMART' is a well-known mark under the Trade Marks Act, 1999.

IndiaMart stated that reports by the United States Trade Representative, which named the company, were cited to justify OpenAI’s decision to exclude its name from searches. These reports also list other platforms linked to counterfeiting and piracy — such as DHgate, Pinduoduo, Shopee, and Taobao — which remain visible in ChatGPT search results.

As per the petition, the company has suffered loss of goodwill, reputation and business due to this exclusion, which amounts to trade libel through implied disparagement, dilution of its trademark, injurious falsehood and unfair competition.