The Calcutta High Court has just put OpenAI in the hot seat. As of Saturday, December 27, 2025, Justice Ravi Krishan Kapur has flagged a “strong prima facie case” of what he’s calling selective discrimination against the B2B giant IndiaMART.1
The thing is, IndiaMART noticed that while other global marketplaces were popping up in ChatGPT search results, their own listings were being “specifically and consciously” ghosted.2 Or nothing. Let’s be real, for a platform with 3,000 employees and operations in 40 countries, being invisible in the world’s most famous AI search engine is a commercial death sentence. Those too.
Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail
The “USTR Report” Controversy
OpenAI’s defense (implied, as they didn’t even show up for the hearing) seems to be based on reports from the United States Trade Representative (USTR).
-
The List: IndiaMART has been featured on the USTR’s list of platforms allegedly involved in counterfeiting.3
-
The Hypocrisy: IndiaMART’s lawyers pointed out that other sites on that exact same list—like Pinduoduo, Shopee, and Taobao—are showing up just fine in ChatGPT results.4
-
The Legal Stand: The court noted that these USTR findings aren’t binding in India.5 Plus, IndiaMART was never given a chance to defend itself before OpenAI decided to pull the plug on their visibility.6
Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail
What the Court Said
Justice Kapur didn’t mince words in his observation:
“It prima facie appears that the petitioner is being selectively discriminated against and justifiably excluded without any logic.7 Inevitably, there is a loss of goodwill, reputation, and commercial injury.”8
The Road Ahead
| Current Status | No interim relief granted yet (to avoid a “final decree” without a hearing). |
| Next Hearing | January 13, 2026 |
| Court Mandate | IndiaMART must serve “fresh notice” to OpenAI via courier and email. |
| Legal Grounds | Trade libel, trademark dilution, and unfair competition. |
And here’s the kicker: this case is being watched globally because it tackles a terrifying new reality—algorithmic exclusion. If an AI can decide your business doesn’t exist based on a foreign government report, what does “fair competition” even mean anymore? It’s an ongoing situation that could force OpenAI to finally explain how its “blacklist” logic actually works under the hood.
Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail
End…
