Google’s Ads Trademark Policy Complies with Indian Law, Delhi High Court Rules
Google has received a favorable verdict from the Delhi High Court, which states that the company’s ads trademark policy is in compliance with the Indian Trademarks Act (TM Act) and does not infringe on trademarks, unless the resulting ad misleads users regarding its source of origin. The court ruling comes after a case where it was determined that Google cannot claim safe harbor protection or be exempt from liability for trademark infringement when using a trademark as a keyword in its ads program.
Google, in response to the court’s decision, expressed satisfaction with the outcome and reiterated its commitment to adhering to local laws. The company has a clear policy that prohibits advertisers from using trademarked terms in ad-text, except in certain legal scenarios such as resellers and informational sites. Additionally, Google promptly investigates reported instances of trademarked term usage in ad-text and takes appropriate action, including ad removal and blocking the advertiser from referencing the trademark in future ads.
The Delhi High Court, in its ruling, recognized that Google’s ads program functions as a commercial venture and using a trademark as a keyword in advertisements constitutes the utilization of the trademark in advertising under Section 29(6) of the Trademarks Act. While the court clarified that such usage wouldn’t amount to infringement if there is no confusion or compromise of the trademark’s integrity, it emphasized that Google is an active participant rather than a passive intermediary in its ads program, thereby limiting its safe harbor protection under the Information Technology Act.
Ensuring the trustworthiness of ads on its platform, Google aims to provide users with clear and honest information to make informed decisions. The company values user trust and strives to deliver ads that are transparent and reliable.
This ruling establishes the legality of Google’s ads trademark policy within Indian jurisdiction and underscores the importance of aligning with local laws and regulations. By complying with the Indian Trademarks Act, Google sets an example for responsible advertising practices.
While some may argue that Google’s active participation in its ads program should subject the company to liability for trademark infringement, others highlight the need to consider the absence of confusion or dilution of trademarks when determining infringement. Balancing these perspectives is crucial in ensuring fair advertising practices that protect both trademark holders and advertisers.
Moving forward, Google will continue to prioritize compliance with local laws and maintain its commitment to fostering a trustworthy ads environment for users. The Delhi High Court’s ruling brings clarity to the trademark landscape in India and reinforces the importance of accountability in advertising.
