Use Of Registered Mark By Competitors As Keyword In Google Ads Program Prima Facie Infringement Under… – Live Law – Indian Legal News
The Delhi High Court recently granted injunction in favour of Make My Trip while observing that use of its registered mark by competitors even as metatags is an infringement under Trademarks Act and that third party bidding on trademarks as sponsored keywords for use by internet search engines can constitute misrepresentation.
The observation was given by Justice Prathiba M. Singh,
“In view of the facts, orders and legal position as discussed above, this Court is prima facie of the opinion that the use of the Plaintiff’s registered mark ‘MakeMyTrip’ on the Google Ads Program as a keyword would amount to trademark infringement. The same would be detrimental to the Plaintiff’s monetary interest as also to the brand equity of the Plaintiff’s mark. To allow competitors such as www.booking.com and even Google to encash upon the reputation of the Plaintiff’s mark for their own monetary advantage is not permissible in the opinion of the Court.”
The Court noted that the balance of…
Read Full Story: https://www.livelaw.in/news-updates/delhi-high-court-trademarks-act-metatags-google-ad-keyword-infringement-197925
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