HC: No shield for Google for trademark infringement

NEW DELHI: Trademarks being used as keywords by Google’s search engine for its Ads Programme makes it liable for infringement and no “safe harbour” protection as an intermediary can be claimed, the Delhi high court has said.

In a significant ruling, the HC on Thursday held that use of trademarks as keywords by Google does amount to “use” under the intellectual property law since the global internet giant runs an advertisement business, of which it has “pervasive control” and which is a commercial venture. “Google is not a passive intermediary but runs an advertisement business, of which it has pervasive control. Merely because the said business is run online and is dovetailed with its service as an intermediary,