upGrad files trademark infringement suit against Scaler

Online higher education company upGrad on Wednesday said it has filed a suit for trademark infringement against upskilling platform Scaler in the Delhi High Court, for violation of the intellectual property relating to upGrad’s trademark.

The lawsuit, seeking Rs 3 crore in damages, 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 November 29, the Delhi High Court granted an ad-interim injunction in favour of upGrad.

The court, until further notice, also directed Scaler not to bid on upGrad’s registered marks and or its variants using Google Ads Programs or any other keyword programme, according to the company.

“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,” said Arjun Mohan, upGrad India CEO.

“We are also evaluating filing trademark infringement suits against other edtech companies indulging in similar Adword bidding activity,” he added.

In a similar Google AdWords case, The Delhi High Court recently granted an interim injunction in favour of travel company MakeMyTrip and against its rival, HappyEasyGo.

The court also directed Google to block/suspend the Google Ads account of HappyEasyGo.

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