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Google will not get intermediary safe harbour protection if keywords in Ads Programme infringe trademark: Delhi High Court
A division bench of the High Court said that the benefit of safe harbour available to an intermediary under the IT Act will not be available to Google if such keywords infringes on the trademarks.
The Delhi High Court on Thursday held that Google's use of trademarks as keywords for its ‘Ads Programme’ amounts to ‘use’ of trademarks under the Trademarks Act and that the benefit of safe harbour available to an intermediary would not be available to Google if such keywords infringes on the concerned trademark [Google LLC v DRS Logistics (P) Ltd & Ors].