Consim Info Pvt. Ltd. v. Google India Pvt. Ltd.

A significant Indian decision clarifying intermediary liability and trademark use in online advertising and keyword searches.

Summary

This case addressed whether online platforms can be held liable for trademark infringement when third parties use registered trademarks as keywords or in online advertisements. Consim Info Pvt. Ltd., the owner of the popular matrimonial platform BharatMatrimony, filed a suit against Google India Pvt. Ltd. alleging misuse of its registered trademarks through Google’s AdWords advertising system. The Court examined the extent of responsibility of search engines as intermediaries.

Facts of the Case

Consim Info owned registered trademarks such as “BharatMatrimony” and related marks. It alleged that Google allowed competitors and third-party advertisers to use these trademarks as keywords, which caused consumer confusion and diverted traffic. Consim argued that this practice amounted to trademark infringement and passing off. Google contended that it merely acted as an intermediary providing an automated advertising platform and did not itself use the trademarks in a trademark sense.

Findings / Reasoning

The Madras High Court held that search engines function as intermediaries under the Information Technology Act and cannot be automatically held liable for trademark infringement committed by advertisers. The Court observed that the mere use of trademarks as invisible keywords does not necessarily amount to infringement unless it leads to deception or confusion. It emphasized that liability would arise only when the intermediary has actual knowledge of infringement and fails to act.

Suggestions / Observations

The Court highlighted the need to balance trademark protection with the free flow of information and online commerce. Trademark owners were encouraged to notify platforms of specific infringing advertisements. Online intermediaries were advised to maintain effective grievance redressal mechanisms to address legitimate complaints.

Judgment & Date

The Court refused to impose blanket liability on Google for keyword advertising and recognized its role as an intermediary. Relief was limited, and broader claims of infringement were not accepted.

Judgment Date: 30 April 2013