Bidding on brand names: How the Delhi High Court is reshaping digital ads
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Summary
As the digital advertising landscape becomes increasingly competitive, the boundary between fair competition and trademark infringement has become blurred. A post-trial final judgment of the Delhi High Court passed in two suits filed by Hindware addresses a fundamental and contentious issue in this domain: Can an advertising platform legally auction a registered, coined and distinctive trademark to the proprietor's direct competitors for use as a backend keyword? This landmark ruling answers tha