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Indian laws are quite clear that Google has an obligation not to allow ads on trademarked terms (used as keywords): > Justice V Kameswar Rao also observed that
by webmobdev 5y ago
Indian laws are quite clear that Google has an obligation not to allow ads on trademarked terms (used as keywords):
> Justice V Kameswar Rao also observed that allowing individuals who are not owners of a trademark to choose a keyword which is a trademarked term or use parts of the trademark interspersed with generic words in the Ad-title or Ad-text may constitute an infringement of a trademark or it's passing off. The Court also opined that the use of trademarks as keywords amounts to "use" in the course of trade in terms of the Trademarks Act.
( https://www.livelaw.in/news-updates/google-not-absolve-liability-ensuring-keyword-not-infringement-trademark-delhi-high-court-184905 https://www.livelaw.in/news-updates/google-not-absolve-liabi... : )
Something similar is happening here - it seems clear that Apple is also bidding for the trademarked keyword "HBOMax" to show their ad to mislead the user to their app store. As per the indian courts, this can make Google liable if they don't act on complain from the trademark owner.
- throwawayamz27 5y agoThe apple developer program license lets Apple use this trademark anyway, they can advertise any App however they want.
- tgsovlerkhgsel 5y agoMy guess would be that the developers gave Apple permission to abuse them in this and other ways when they signed up for the app store.
- javajosh 5y agoThis is my understanding as well. Although it would be interesting if Indian law forbids entities from signing away this right. (Not all contracts are valid in all jurisdictions - which is certainly well-known to the general public, because every individual hires an attorney to review every Terms of Service, and makes sure they understand and agree with every clause before they agree to it.)