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Category: trademark

trademark

Google Liable for Trademark Infringement in Keyword Bidding

The Delhi High Court has established that Google is liable for trademark infringement when it auctions coined, registered trademarks as keywords to direct competitors. By actively selecting and monetising these marks, Google forfeits its safe harbour protection under the IT Act. This landmark ruling clarifies that invisible backend bidding constitutes use in advertising under Section 29(6)(d) of the Trade Marks Act 1999. Rights holders can now hold platforms directly accountable for exploiting brand equity, regardless of whether the trademark appears in the visible sponsored advertisement text.

11 min read
trademark

Dominant Feature Test: Himalaya Liv-52 Landmark Ruling

Trademarks are protected by their dominant and distinctive features, not by superficial changes in numerals or punctuation. The 'dominant feature test' in India establishes that if a junior mark retains the essential identifying element of a well-known brand—such as 'Liv' in liver-care products—a change in a suffix or numeral is insufficient to escape liability. Courts look to the overall commercial impression of the mark to prevent trademark dilution and consumer confusion, reinforcing that one cannot appropriate established goodwill through trivial, cosmetic modifications.

3 min read
trademark

Similar Trademarks: Inside the Doctrine of Coexistence in India

Trademark coexistence in India is determined by the likelihood of confusion rather than mechanical similarity of marks. As established in Nandhini Deluxe, registration does not grant absolute monopolies across all goods within a class if the commercial sectors differ significantly. Similarly, surnames like Goenka require proof of acquired distinctiveness to earn protection. Courts employ a holistic approach, weighing consumer perception, trade channels, and honest concurrent use under Section 12 of the Trade Marks Act 1999 to determine if similar marks can legitimately function alongside one another.

4 min read