Lawstreet Journal

Delhi HC: Use Of Competitor's Trademark As Keyword For Promoting Business On Search Engines/ App Store Violates Rights Of Trademark Owner

Lawstreet Journal 30 May 2022 9:36pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC: Use Of Competitor's Trademark As Keyword For Promoting Business On Search Engines/ App Store Violates Rights Of Trademark Owner

The Delhi High Court ruled that using keywords to promote a business using a competitor's trademark would be a violation of the trademark owner's rights. (Head Digital Works Private Limited v. Tictok Skill Games Pvt. Ltd.)

There would be no difference between using trademarks as a keyword on search engines as opposed to using them as a keyword on app store searches, according to Hon'ble Justice Pratibha M Singh.

The Court said that,

"So long as the key words are being used for promoting a business, using a competitor's trademark, the same would be violative of the rights of the trade mark owner."

Head Digital Digital Works Pvt. Ltd. had filed a lawsuit seeking a permanent injunction, and the court was hearing it. The plaintiff was in the business of designing and developing software for skill games, as well as deploying and maintaining an online gaming website and an internet-based mobile application. The plaintiff offered the aforementioned services via its website, 'www.a23.com', and its mobile application, 'A23.'

The plaintiff filed the suit to preserve its trademarks 'Ace2three' and 'A23,' which were registered in different classes. The plaintiff's trademarks have been registered since 2006 and 2020, respectively. The plaintiff's marks are for online gaming platforms that the plaintiff operates and controls, and were stated to be India's first ever online rummy platform.

The plaintiff was aggrieved by the defendant, Tictok Skill Games Private Limited, using the marks 'A23' and 'Ace2three' as 'keywords' on the Apple Application Store. It was… Continue Reading...


Tagged: Trademark Infringment      Delhi High Court  
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