upGrad, the EdTech platform, has filed a trademark infringement suit in the Delhi High Court against Scaler, one of the other companies in the EdTech market. The suit has been filed for alleged violation of the intellectual property relating to upGrad's trademark. It has sought damages of more than Rs 3 crore.
It has 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.
Earlier on Monday, November 29, 2021, the Delhi HC had 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.
Arjun Mohan, CEO - India, upGrad 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 case, the Delhi HC had granted an interim injunction in favour of travel company MakeMyTrip, against its rival, HappyEasyGo. In a recent order in the same matter, the court had also directed Google to block/suspend the Google Ads account of HappyEasyGo.