The Delhi High Court held that the use of trademarks as keywords in Google Ads program absent any confusion or unfair advantage, is not infringement.
The Court held thus in a batch of appeals filed by Google LLC against MakeMyTrip (India) Private Limited (MIPL) challenging an ad interim order passed by the Single Judge.
A Division Bench of Justice Vibhu Bakhru and Justice Amit Mahajan observed, “We are also unable to concur with the learned Single Judge that provision of Sub-section (7) of Section 29 of the Trade Marks Act are applicable. The said sub-section is applicable when a person applies a registered trade mark to a material intended to be used for labelling or packaging of goods, as a business paper, or for advertising goods or services. In the present case, the use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising…