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upGrad files trademark infringement suit against Scaler

upGrad has filed a suit for trademark infringement against another EdTech company called Scaler. The suit has been filed in the Delhi High Court for violation of the intellectual property relating to upGrad's trademark. They have also sought damages of more than INR 3 Crores. upGrad accused Scaler of using its brand name ‘upGrad’ through Google Ads to appear on top of search results on Google Search Engine and in turn gaining illicit benefit. 

On Monday 29 November 2021, the Delhi High Court granted an ad-interim injunction in favour of upGrad. The court, until further notice, has also directed Scaler to not to bid on upGrad’s registered marks and or its variants using Google Ads Programs or any other keyword program.

upGrad's CEO - India Arjun Mohan said: "The lawsuit will ensure that our trademarks and intellectual property are protected and will also discourage unlawful usage in future. We have made substantial investments in building our brands, and it is essential that we protect our rights. We are also evaluating filing trademark infringements suits against other EdTech companies indulging in similar Adword bidding activity."

Recently in a similar Google AdWords case, The Delhi High Court granted an interim injunction in the favour of travel company MakeMyTrip and against its rival, HappyEasyGo. In the same matter and under one of its recent orders, the court also directed Google to block/suspend the Google Ads account of HappyEasyGo. Also, in one of the other similar matters filed by DRS Logistics, the Delhi High Court stated that “Google cannot absolve themselves from the liability of ensuring that the keyword is not an infringement of the trademark.”

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