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DELHI HIGH COURT
V.KAMESWAR RAO
DRS Logistics (P.) Ltd. – Appellant
Versus
Google India Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks injunction against trademark infringement. (Para 1 , 2 , 4) |
| 2. plaintiff argues google's keyword policy leads to trademark infringement. (Para 3 , 5 , 7 , 8 , 10) |
| 3. court acknowledges google's responsibility regarding keyword use. (Para 9 , 11 , 12) |
| 4. court reviews standards for trademark use and passing off. (Para 19 , 20 , 22 , 25) |
| 5. trademark use as keywords can infringe trademark rights. (Para 77 , 78 , 81 , 100) |
| 6. court orders google to investigate trademark keyword use. (Para 127 , 129) |
JUDGMENT
V. Kameswar Rao, J.
IAs. 21153/2011 and 4474/2014
1. The present suit has been filed by the plaintiff seeking permanent injunction against the defendants. The plaintiff has also filed the I.A. 21153/2011 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (`CPC' hereinafter) with the following prayers:
"A. The Defendants, it directors, officer, servants, agents, representatives and assigns be restrained by an order of interim and ad-interim ex-parte injunction from:
(i) using or permitting third parties to use AGARWAL and/or AGGARWAL PACKERS & MOVERS and/or DRS LOGISTICS or any other trade mark or name similar to the Plaintiffs' regis
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