Lawstreet Journal

Whether Use Of A Trademark As A Keyword On Google Ad Program Would Constitute Infringement? Delhi High Court To Consider

Lawstreet Journal 6 Apr 2022 8:08pm

Image courtesy: Lawstreet Journal Judiciary Whether Use Of A Trademark As A Keyword On Google Ad Program Would Constitute Infringement? Delhi High Court To Consider

The Delhi High Court will decide whether using a trademark as a keyword in the Google Ad programme constitutes trademark infringement.

While dealing with a claim brought by Upcurve Business Services Pvt. Ltd., a travel company, Justice Pratibha M Singh would be adjudicating the abovementioned question. The plaintiff company, www.udchalo.com, is a one-stop travel website that has won numerous honours.

The complaint claims that the mark 'UdChalo' was registered in Class 39, which covers offline and online travel arrangements, seat reservations, including aircraft reservations, air ticketing, tours and journeys, and so on.

The plaintiff was upset that Defendant No. 1, Easy Trip Planners Pvt. Ltd., and Defendant No. 2, www.happyfares.in, used the ad phrase 'UdChalo' on the Google Ads Program to attract internet users to their websites.

After hearing Defendant No. 1's testimony, the Court issued an order prohibiting it from using the plaintiff's mark as a keyword. Because Defendant No. 2 was unrepresented, the Court was inclined to issue an ad-interim injunction prohibiting it from using the plaintiff's mark 'udchalo' as a keyword to promote its own travel service.

As a result, the Court determined that Defendant No.2's use of the mark 'udchalo' constituted infringement.

As a result, the Court recognised that Defendant No.2 was in the competing industry of travel services, and that using 'udchalo' as a term to promote Defendant No.2's own business would constitute a trademark infringement.

"Accordingly, Defendant Nos. 3 & 4 are directed to block the keyword usage of the plaintiff's mark 'udchalo,… Continue Reading...


Tagged: Google  
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