GOOGLE LLC V. DRS LOGISTICS: TRADEMARK PROTECTION IN DIGITAL SPACE

The Delhi High Court's Division Bench, in Google LLC v. DRS Logistics, examined whether Google's Ads Programme infringes trade marks by allowing advertisers to bid on competitors' registered marks as keywords. DRS Logistics, owner of well-known marks such as "Agarwal Packers and Movers," claimed that rival packers used these marks as Google Ads keywords, leading users to sponsored links of competing businesses and causing confusion, loss of customers, and reputational harm. Google argued that keywords are invisible "technical triggers," not trade mark "use," and that it is protected by intermediary safe harbour under the IT Act. The Court focused on four key questions: whether bidding on a trade mark as a keyword amounts to "use" under the Trade Marks Act; whether such use is attributable only to advertisers or to Google as well; whether this use automatically constitutes infringement; and whether Google can still claim immunity as an intermediary. The decision thus addresses the tension between online advertising mechanisms and trade mark rights, and clarifies when digital platforms like Google may be held responsible for keyword-based advertising that leverages protected marks.