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Tag: Keyword Advertising

trademark

DRS Logistics v. Google: Trademark Contempt Dismissed

The Delhi High Court has dismissed a contempt application filed by DRS Logistics against Google, clarifying the limits of platform liability in keyword advertising disputes. Justice Tejas Karia ruled that while Google remains bound by its policy-based undertaking to protect trademarks, prior court orders did not impose a proactive, continuous monitoring obligation on the platform. This judgment distinguishes between actionable keyword use and explicit Ad-Text appearances, offering a critical roadmap for trademark owners to navigate the complaint-based enforcement model currently preferred by Indian courts in digital advertising.

14 min read
trademark

Google Liable for Keyword Bidding: Hindware v. Google

In the landmark ruling of Hindware v. Google, the Delhi High Court has fundamentally shifted the framework of intermediary liability in India. Moving away from the 'visibility' test, the Court ruled that Google’s keyword auction mechanism constitutes active participation in trademark infringement. By monetizing coined marks for competitors, Google loses its Section 79 safe harbour protection. This 163-page judgment clarifies that active commercial participation by a platform triggers liability, regardless of whether the trademark appears in the ad copy itself. This is a critical precedent for all IP practitioners in India.

11 min read