Google AdWords And Metadata: Trademark Infringement Tools of 21st Century

  • Devvrat Vaishnav
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  • Devvrat Vaishnav

    Advocate at High Court of Chhattisgarh, India.

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We live in such a modernized and digitalized world where every aspect of our lives depends on the internet. This way of life has also forced commercial companies to have a presence on the internet. All major electronic commerce websites like Flipkart, Amazon, and snap-deal focus on capturing market share. Due to this challenging competition, there is also an increase in internet advertisement. If we open any news or a social media site, we can see that the ads are popping out of corners regarding clothes, shoes, books, or other items. Numerous companies, spanning from digital marketers and online shops to tangible stores, use Google AdWords as their primary promotional tool for promoting their services Which is very well recognized. AdWords allows marketers to promote their items and services by using a set of words to showcase advertisements related to the product when users enter the product's name in the google search bar. The issue of "trademark infringement" emerges in the case when a user gets access to a keyword already associated with an existing trademark, causing internet traffic to be diverted away from the actual owner's website page. While the Court of Justice of the European Union has favoured businesses with unregistered trademarks by noting that "use" involves ongoing activity and direct or indirect control over the act of use, a party cannot be held accountable just because they profit financially from the copying of their advertising. The Indian Courts have taken a position to safeguard 'trademark owners' on the Google search engine by forbidding unauthorized users from bidding on the trademarks of other companies because this would violate the rights of the trademark owner.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 6, Page 403 - 409


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