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In a hearing on the Google Adwords case yesterday, the Madras High Court vacated the interim ex-parte order against Google after hearing Senior Counsel Mr. T.S. Raman, who appeared on behalf of Google. On September 23, Justice G. Rajasuria of the Madras High Court had issued a temporary injunction preventing Google from selling space to Consim Info’s competitors based on Bharat Matrimony’s trademarks,and had also directed Google India not to include the trademark names of Bharatmatrimony in their Adwords or Keyword suggestion tool.
Sajan Poovayya [pictured], Managing Partner of Poovayya & Co., who represented Google and briefed Mr. Raman, explains, “The order vacating the earlier stay essentially reinstates the position to before Consim filing the suit.”
“Merely using a trademark in a search-word or a key-word does not violate the trademarks act. One is not passing off his product as that of another. You are only ensuring that the consumer has a wider choice,” he argues.
Senior Counsel T.V. Ramanujam, briefed by Mr. A.A. Mohan of A.A. Mohan Associates, appeared for Consim.