Last week, the Delhi high court ruled that the mere use of trademarks on Google Ads, an online advertising platform, did not amount to infringement under the Trade Marks Act, 1999. This was after online travel agency MakeMyTrip (MMT) claimed that its trademarks, “Makemytrip” and “MMT”, were being used as keywords in Google Ads to display ads and links of its rival Booking.com. The order has opened up a new debate on trademark infringement in the digital realm, revolving around whether it can create confusion among users.
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