HC refuses to restrain use of PolicyBazaar trade marks on Google AdWords Program


The Delhi High Court has rejected a plea by Policybazaar, an aggregator of insurance products, seeking to restrain the use of key words identical to its trade marks on Google’s AdWords Program by other entities. Justice Navin Chawla, while dealing with Policybazaar’s plea against the alleged use of its trademark by Coverfox Insurance Broking Pvt Ltd and Acko General Insurance Ltd on the Adwords Program, said prima facie no case of infringement was made out.

Plaintiff Policybazaar, in its lawsuits against Coverfox and Acko, claimed that the defendant companies were using key words identical to the “Policybazaar” marks like “Policy Bazaar”, “PolicyBazaar” and “Policy Bazar” with the intent of diverting business from its website by causing confusion.

Elevate Your Tech Process with High-Value Skill Courses

Offering College Course Website
Indian School of Business ISB Digital Transformation Visit
Indian School of Business ISB Professional Certificate in Product Management Visit
Northwestern University Kellogg Post Graduate Certificate in Product Management Visit
IIM Lucknow IIML Executive Programme in Data Science Visit

The court, in its interim order, said the suits were based on the allegations of mere use of the registered trademarks of Policybazaar as key words by the defendants in the AdWords Program and the mere appearance of the websites of the defendants as “advertisements” or as “sponsored link” was not sufficient to hold that an internet user would be confused between them.

“I am of prima facie opinion that the plaintiffs (Policybazaar and its owners) have been unable to make out a case of infringement or passing off of their trade marks by the defendants,” said the court in an order dated September 6.

The court observed that it was not the case of the plaintiff that there was any deception and in fact, the search results showed that the website of the defendants appeared as a “sponsored link”.

Further, the plaintiff itself is admittedly using the registered trademarks of one of the defendants as key words and have therefore accepted this as a fair and honest commercial practice, the court added.

Discover the stories of your interest

“They cannot now be heard to be complaining against the same merely because they have now realised that others may be gaining more advantage of their trade marks rather than in the reverse,” the court said.

In its order, the court clarified that its views were “merely prima facie in nature and should not be read as a conclusive and binding opinion”.

Stay on top of technology and startup news that matters. Subscribe to our daily newsletter for the latest and must-read tech news, delivered straight to your inbox.

Source link

Denial of responsibility! Planetconcerns is an automatic aggregator around the global media. All the content are available free on Internet. We have just arranged it in one platform for educational purpose only. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, all materials to their authors. If you are the owner of the content and do not want us to publish your materials on our website, please contact us by email – [email protected]. The content will be deleted within 24 hours.

Leave a comment