Delhi High Court Views a Competitor’s Use of a Registered Trademark in a Google AdWord as Trademark Infringement

The case M/S DRS Logistics Pvt. Ltd and Anr. v. Google India Pvt Ltd and Ors is the latest addition to the more than 50 lawsuits that have been filed against Google AdWords internationally over the past ten years. India’s Delhi High Court made a preliminary ruling that use of a competitor’s registered trademark as a keyword in Ads creates confusion in the minds of consumers, and thus violates the rights of the trademark owner. Moreover, the Court found that invisible use of a trademark can result in trademark infringement. However , the Court ultimately set aside the interim injunction against Google and instead ordered an investigation into the matter. Nevertheless, this case showcases another nation’s interpretation of the trademark “use” requirement and lends support for trademark owners’ rights in Google AdWords disputes.