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January 12, 2024

Legal Issues Seminar-General IP (LIS-GIP) On ‘Whether Use Of Trade Mark As A Keyword By An Intermediary Would Amount To Trademark Infringement?’

Featuring: Devesh Kapoor

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Devesh Kapoor, Associate, on ‘Whether Use of Trademark as a keyword by an Intermediary would amount to Trade Mark Infringement?’. The seminar explored whether the use of trade marks as a part of keywords, such as in their online advertisement programs by intermediaries amounts to infringement. The session delved into the relevant provisions of the Trade Marks Act, 1999 and recent rulings by the Delhi High Court interpreting liability of intermediaries viz-a-vis use of trade marks as keywords. The session discussed varying observations made by the Indian courts and discussed whether the lack of visual representation of metatags and/or keywords to consumers would still constitute trade mark use and therefore, infringement. The session concluded with a discussion on the effects and impact of such use by intermediaries, such as initial interest confusion, switch-and-bait tactics and potential contributory infringement.

The presentation can be accessed here.

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