Bengaluru Court Passes Injunction Against Google In A Case Alleging Diversion Of Site Traffic By Illegal Use Of Keywords [Read Order]
A Bengaluru courtroom has passed an intervening time order of injunction against Google India, directing it to chorus from diverting the visitors of the official site of crowdfunding platform ‘Milaap.’
‘Milaap’ had approached the Bengaluru City Civil Court contending that site visitors to its web page changed into being diverted to some other site
When a person searches for the plaintiffs’ mark ‘Milaap’ on Google, the first entry that looks is that of the internet site of ‘Impact Guru,’ which is likewise a crowdfunding platform, said the plaint. It changed into alleged that ‘Impact Guru’ was using the plaintiffs’ mark in its web cope with and critical phrases to divert traffic that legitimately belongs to the plaintiff.
The plaintiff also stated that it seemed that the defendants have entered into some arrangement to ensure that Google deceptively brings up a hyperlink to the ‘Impact Guru’ website whenever a person searches for the plaintiffs’ mark.
“If a web consumer searches for the mark ‘MILAAP’ on Google, the person sees “No. 1 Medical Fund Raising Site”. The Plaintiffs have raised over Rs. 240 Crore in Medical Fund Raising and is undoubtedly the No. 1 Medical Fund Raising Site in India. The Defendants’ choice of identifies the usage of key phrases that describe the Plaintiffs is visible evidence in their motive to deceive customers into wondering what they are clicking on a hyperlink to the Plaintiffs’ website. Tellingly, the Defendant No. 2 does not use the period “the No. 1 Medical Fund Raising Site” on its website. The adoption of phrases that describe the Plaintiffs is genuinely supposed to mislead and mislead the public at massive”, said the plaint filed by way of Advocate Karan Joseph.
On April 12, the Court said that the plaintiff had made out a “prima facie” case and exceeded an advert-period in-between order restraining Google from displaying the internet site of ‘Impact Guru’ every time a seek of ‘Milaap’ is made and additionally from diverting traffic to ‘Impact Guru’ thru using AdWords, Keywords, meta tag or in any way each time a search of ‘Milaap’ is made.
The Court mentioned that plaintiff-corporation become in lifestyles considering 2012, while Impact Guru came into being most effective in 2015.
The defendants – Google and Impact Guru – entered an appearance on June 6 and the matter is published subsequent on June 28.