Protecting Trademarks In Keyword Advertising In India – A Guide For Sports Organisations

The Honorable Delhi High Court (Court) in India, in the last case Head Digital Works Private Limited v. TicTok Skill Games Private Limited (Situation)[1]was tasked with determining whether the use of trademarks as keywords on online platforms would violate trademark rights. Keywords include words, expressions, symbols, or numbers that are used by users as search strings in an online search engine. For example, if a company sells furniture, the company usually tries to make sure that keywords like ” are sold.bed“, “couch“, “table” and the like directs the searcher to that company’s website. There are keyword advertising programs run by major online search engines that allow advertisers to obtain specific words/phrases that will direct users to their product or service.

Its May 2022 decision ruled that using a competitor’s brand as a keyword to promote a business would be considered an infringement of the trademark owner’s rights. Based on previous judgments of the Court and the Supreme Court of India, it was held that the invisibly use of a competitor’s trademark on online platforms as an ‘AdWord’ or keyword would violate the Trademarks Act 1999.

This article presents an analysis of the Case and the Court’s decision. Readers will learn about the legal framework for trademark infringement regarding the use of trademarks as keywords, especially in the context of online gaming platforms. The article provides the background and development of India’s position through jurisprudence while comparing India’s position with other jurisdictions. It also examines the implications of the Court’s decision regarding online gaming in India.

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