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Madras High Court dismisses appeal by Consim Info against Google India

The Madras High Court has dismissed an
appeal by Consim Info Pvt Ltd against Google India Pvt Ltd and four other firms
saying that it was sufficient to direct Google India Pvt Ltd to adhere to its
present business policy as stated by its counsel, that the appellants
registered trademarks would be protected by ensuring that others did not use
them in their “ad words”.

The Madras High Court has dismissed an
appeal by Consim Info Pvt Ltd against Google India Pvt Ltd and four other firms
saying that it was sufficient to direct Google India Pvt Ltd to adhere to its
present business policy as stated by its counsel, that the appellants
registered trademarks would be protected by ensuring that others did not use
them in their “ad words”.

Consim had approached the Madras High Court
on the issue in 2009. Following this, in February 2012, Consim Info had filed a
complaint against Google in the Competition Commission of India (CCI), citing
discriminatory trade practices related to its Google’s AdWords program.

The single judge had given the benefit of
doubt to Google on choice of words “Tamil”, “Matrimony”,
the choice may not be deliberate. But combination of two words with a space in
between has happened only deliberately.

Google said their relationship with those
advertising products and services is governed by Advertising Program terms,
Advertising policy and editorial Guidelines and Adwords and Adsense Trademark
Policy.

In Program Terms, advertisers are solely responsible
for ad targeting options and keywords and all ad content, ad information and ad
URLs, it said. The bench said Google appears to have taken steps to protect
possible infringement of trademarks by advertisers. “It is pertinent to
note that Google is adopting different policies in different regions. The
rationale behind difference in policy has not been explained by Google.”

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