New Delhi: The Delhi High Court has directed consultancy firm Google Enterprises Pvt Ltd and its associated entities to pays Rs 10 lakh as damages to tech-giant Google LLC for misusing its trademark.
Ruling in favour of Google LLC on its lawsuit to permanently restrain the defendants from infringing its trademark, Justice Sanjeev Narula observed that the defendants used the “Google” mark without due authorisation and indulged in “deception and trickery” as they “misrepresented to the public” that they were associated with Google India and had the modus operandi to dupe them.
The court added that the plaintiff company has valid and subsisting registrations for the “Google” mark and its variations and this has been declared a well-known mark with worldwide reputation on account of its extensive use and numerous.
Google LLC is surely entitled to statutory protection and grant of injunction for infringement and besides the damages of Rs 10 lakh, it is also entitled to actual costs in terms of the Commercial Courts Act and Delhi High Court (Original Side) Rules, 2018 read with IPD Rules on the basis of “bill of costs”, the court thus opined.
“The present suit is accordingly decreed in favour of the plaintiff… damages of INR 10,00,000/- are awarded in favour of plaintiff, payable jointly and severally by defendants No. 1, 2 and 3 to plaintiff,” the court ordered in a decision passed last month.
The court also directed DoT to issue directions to all internet service providers and telecom service providers to block access to the website hosted on a domain name in violation of the “Google” mark.
PTI

Press Trust of India