In a recent case, the Delhi High Court considered whether the use of a trademark as a keyword in a search engine can constitute trademark infringement. The judgment is likely to have implications for other companies that use trademarks as keywords in search engine advertising.
Brief facts of the case are set out below:
- DRS Logistics Private Limited (“DRS“) is a company that provides logistics services. It is the registered owner of the trademarks “Agarwal Packs & Movers” and “DRS Logistics”. Google India Private Limited (“Google India“) is a subsidiary of Google LLC, which operates the Google search engine.
- In 2017, DRS filed a lawsuit against Google India and Google LLC, alleging that they were infringing its trademarks by allowing third parties to use the trademarks as keywords in Google’s AdWords program.
- The AdWords program allows advertisers to pay Google to have their ads appear at the top of the search results page when users search for certain keywords.
- DRS argued that by allowing third parties to use its trademarks as keywords, Google was creating a misleading impression that the third-party websites were affiliated with DRS.
- Google India and Google LLC argued that they were not infringing DRS’s trademarks because the use of the trademarks as keywords did not constitute “use” under the “Trade Marks Act, 1999.
- The Delhi High Court ruled in favor of DRS, holding that Google India and Google LLC were infringing its trademarks by allowing third parties to use the trademarks as keywords. The Court found common ground between meta-tags and keywords, asserting that both serve the purpose of displaying advertisements and attracting web traffic. The Court referred to the “Doctrine of Initial Interest Confusion” which implies that even momentary confusion, when users are misled into accessing unrelated websites, can constitute trademark infringement.
- The Court held that the use of the trademarks as keywords was likely to cause confusion among consumers and that it was therefore an infringement of DRS’ trademark rights.
- The Court also ordered Google India and Google LLC to investigate any complaints from DRS about the use of its trademarks as keywords and to take down any advertisements that is found to be infringing.
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GOOGLE LLC Vs. DSR LOGISTICS PVT. LTD. & ORS AND GOOGLE INDIA PVT. LTD. Vs. DRS LOGISTICS PVT. LTD. & ORS
FAO(OS) (COMM) 2/2022 & FAO(OS) (COMM) 22/2022
