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Case Law Details

Case Name : DRS Logistics (P) Ltd. Vs Google India Pvt Ltd & Ors. (Delhi High Court)
Appeal Number : CS(COMM) 1/2017
Date of Judgement/Order : 30/10/2021
Related Assessment Year :
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DRS Logistics (P) Ltd. Vs Drs Logistics (P) Ltd. (Delhi High Court)

Facts- An application seeking ad interim ex parte injunction was filed by the plaintiffs against Google India, Google LLC and Just Dial restraining them from using or permitting third parties to use plaintiffs’ registered trademark AGARWAL PACKERS & MOVERS or DRS LOGISTICS either as a keyword or as a meta tag or as a trademark. It also sought a direction against the defendants to allow inspection of their accounts in order to assist in ascertaining damages.

Liability of ensuring that keyword is not an infringement of trademark lies on Google

A subsequent application was also moved by the plaintiffs seeking similar ad interim relief specifically against Google LLC.

The main question before the Court was whether providing a trademark of an owner as a keyword to a third party would amount to infringement of a trademark?

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