Brief Legal News Write-Up
M/s DRS Logistics (P) Ltd. & Another v. Google India Pvt. Ltd. & Ors.
Date of Judgment: 15.06.2026 : Case No.: CS(COMM) 1/2017, I.A. 18605/2025 : Neutral Citation: Not Available in Judgment : Court: High Court of Delhi : Hon'ble Judge: Justice Tejas Karia
The Court considered a dispute concerning alleged contempt and violation of earlier judicial directions relating to the use of trademarks in online advertisements and keyword advertising. The case arose from allegations that Google and related entities continued to permit third parties to use the plaintiffs’ trademarks, including “AGARWAL”, “AGGARWAL PACKERS AND MOVERS” and “DRS Logistics”, in sponsored advertisements despite earlier court orders.
The principal question before the Court was whether the defendants had willfully disobeyed previous judgments by permitting the use of the plaintiffs’ trademarks in advertisement text, titles, URLs, and keyword-based search advertising.
After examining the material on record and the submissions of the parties, Justice Tejas Karia observed that the operative directions contained in the earlier judgments were confined to investigation of complaints concerning the use of trademarks as keywords and did not impose any obligation upon the defendants to proactively monitor all advertisements for use of the plaintiffs’ trademarks. The Court held that no willful disobedience of the earlier judgments had been established, emphasizing that contempt jurisdiction cannot be invoked where the directions are capable of more than one interpretation and the alleged conduct is not clearly contemptuous.
Accordingly, the Court dismissed the contempt application and directed that if the plaintiffs identify future advertisements using their trademarks in advertisement text, titles, or URLs, they may notify the defendants, who shall investigate and take appropriate action in accordance with their policy.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Delhi High Court Dismisses Contempt Plea Against Google in Trademark Keyword Advertising Dispute
Introduction
The Delhi High Court has delivered an important judgment clarifying the scope of contempt proceedings arising from trademark disputes involving online advertising and search engine platforms. The decision in M/s DRS Logistics (P) Ltd. & Another v. Google India Pvt. Ltd. & Ors. addresses the increasingly significant issue of how trademark rights interact with keyword-based digital advertising.
The case is particularly relevant for trademark owners, technology companies, online advertising platforms, digital marketers, intellectual property practitioners, and businesses that rely on internet visibility for customer acquisition. The judgment clarifies the extent of obligations imposed upon online intermediaries and emphasizes that contempt proceedings cannot be used to expand the scope of earlier judicial directions.
The ruling also provides valuable guidance regarding keyword advertising, trademark enforcement in the digital environment, intermediary liability, and the standards required to establish willful disobedience of court orders.
Factual and Procedural Background
The plaintiffs, M/s DRS Logistics (P) Ltd. and another, instituted a commercial suit seeking protection of their trademarks, including “AGARWAL,” “AGGARWAL PACKERS AND MOVERS,” and “DRS Logistics.” The suit sought reliefs relating to trademark infringement, passing off, and unfair competition.
During the pendency of the suit, the Court passed a judgment dated 30.10.2021 in applications filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. The Court directed Google and the concerned defendants to investigate complaints made by the plaintiffs regarding the use of their trademarks and variations as keywords resulting in diversion of internet traffic. The Court further directed that if infringement or passing off was found, appropriate action should be taken to restrain advertisers and remove or block offending advertisements.
The defendants challenged the judgment before a Division Bench through FAO(OS)(COMM) 2/2022 and FAO(OS)(COMM) 22/2022. By a common judgment dated 10.08.2023, the Division Bench declined to interfere with the directions issued by the Single Judge.
Subsequently, the plaintiffs conducted searches in June 2025 and claimed that third-party sponsored links continued to appear when searches were made using the plaintiffs’ trademarks. According to the plaintiffs, these sponsored advertisements resulted in diversion of traffic and consumer confusion.
The plaintiffs issued a notice dated 17.06.2025 alleging violation of the earlier judgments. Thereafter, they filed the present application under Order XXXIX Rule 2A CPC and Section 12 of the Contempt of Courts Act, 1971 seeking initiation of contempt proceedings against Google and related defendants for alleged willful disobedience of the earlier judgments.
The defendants opposed the application and asserted that they had complied with the directions contained in the earlier judgments and that no contempt was made out.
Dispute Before the Court
The primary controversy before the Court concerned the true scope of the earlier judgments passed in 2021 and 2023.
The plaintiffs argued that Google and the other defendants had undertaken before the Court that the plaintiffs’ trademarks would not appear in advertisement text, advertisement titles, or URLs of third-party advertisements. According to the plaintiffs, continued appearance of such advertisements amounted to deliberate and willful disobedience of the earlier judicial directions.
The defendants, on the other hand, contended that the earlier judgments dealt primarily with the issue of trademark use as keywords. They argued that the judgments required investigation of complaints received from trademark owners and did not impose any obligation to proactively monitor and block every advertisement appearing on the platform.
The Court was therefore required to determine whether the earlier directions extended beyond keyword advertising and whether the defendants had committed willful contempt by permitting the plaintiffs’ trademarks to appear in advertisement text, titles, or URLs.
Reasoning and Analysis of the Court
The Court carefully examined the operative portions of the judgments dated 30.10.2021 and 10.08.2023.
The Court observed that the directions contained in the earlier judgments specifically required the defendants to investigate complaints made by the plaintiffs concerning use of the plaintiffs’ trademarks as keywords. The directions further required investigation of the overall effect of advertisements and removal or blocking of advertisements found to be infringing.
A significant aspect of the Court’s reasoning was its analysis of the statement recorded in the order dated 22.01.2020. During those proceedings, Google had stated that, under its advertising policies, third parties were not permitted to use another proprietor’s trademark in advertisement text or advertisement titles and that the policy would be implemented in favour of the plaintiffs.
The Court noted that because of this statement, the plaintiffs had confined the controversy in the injunction proceedings to the issue of trademark use as keywords. Consequently, the earlier judgments were focused on keyword advertising rather than on the use of trademarks in advertisement text, advertisement titles, or URLs.
The Court held that the operative directions ultimately granted were narrower than the broad reliefs originally sought by the plaintiffs. While the plaintiffs had sought extensive restrictions on use of their trademarks, the final directions only required investigation of complaints relating to keyword usage.
The Court further emphasized the settled principles governing contempt jurisdiction. Reliance was placed upon Sudhir Vasudeva v. M. George Ravishekaran, (2014) 3 SCC 373, wherein the Supreme Court held that only explicit and self-evident directions contained in a judgment can form the basis of contempt proceedings.
The Court also referred to Ram Kishan v. Tarun Bajaj & Ors., (2014) 16 SCC 204, Three Cheers Entertainment Private Limited v. CESE Limited, (2008) 16 SCC 592, and Anil Ratan Sarkar & Ors. v. Hirak Ghosh & Ors., (2002) 4 SCC 21. These authorities reiterate the principle that contempt proceedings are not maintainable where two reasonable interpretations of a court order are possible and where willful disobedience is not established.
The Court additionally relied upon Jiva Institute of Vedic Science and Culture & Anr. v. Puneet Chhatwal & Ors., CCP(O) 33/2022 in CS(COMM) 602/2016, which recognized that the understanding of the alleged contemnor regarding the scope of the order is a relevant factor in determining whether contempt has occurred.
Applying these principles, the Court concluded that the judgments did not impose any obligation upon the defendants to proactively monitor all advertisements or independently prevent every possible use of the plaintiffs’ trademarks in advertisement text, titles, or URLs. Rather, the relevant policy framework contemplated action upon receipt of complaints.
The Court nevertheless clarified that the defendants remained bound by their recorded statement that trademark use in advertisement text, advertisement titles, and URLs would not be permitted under their policy and that complaints concerning such usage would be investigated and addressed.
Final Decision of the Court
The Delhi High Court dismissed the contempt application.
The Court held that the plaintiffs had failed to establish any willful disobedience or violation of the directions contained in the earlier judgments. It found that the operative directions related primarily to the use of trademarks as keywords and did not require proactive monitoring of advertisement text, titles, or URLs.
The Court further noted that the impugned URLs referred to in the application had already been removed following the plaintiffs’ notice and pursuant to subsequent court orders.
The Court granted liberty to the plaintiffs to notify the defendants if they discover future advertisements using the plaintiffs’ trademarks in advertisement text, titles, or URLs. Upon receiving such complaints, the defendants were directed to investigate and take appropriate action in accordance with their policies as expeditiously as possible.
Point of Law Settled
The judgment clarifies that contempt jurisdiction cannot be invoked to expand or reinterpret the scope of an earlier judicial order. Only clear, explicit, and self-evident directions can form the basis of contempt proceedings.
The Court reaffirmed that where a judicial order is reasonably capable of more than one interpretation, contempt proceedings cannot succeed unless willful disobedience is clearly established.
In the context of online trademark enforcement, the judgment further clarifies that directions requiring investigation of complaints regarding keyword advertising do not automatically impose a broader obligation upon online platforms to proactively monitor and prevent every instance of trademark use in advertisement text, titles, or URLs. Such obligations must arise either from specific judicial directions or from the platform’s own policies and complaint-handling mechanisms.
Case Details:
Title of the Case: DRS Logistics (P) Ltd. & Another Vs. Google India Pvt. Ltd. & Ors.
Date of Judgment/Order: 15.06.2026
Case Number: CS(COMM) 1/2017, I.A. 18605/2025
Neutral Citation: Not Available in Judgment
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Justice Tejas Karia
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Delhi High Court Dismisses Contempt Plea Against Google in Trademark Advertising Case
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Headnote of the Judgment:
M/s DRS Logistics (P) Ltd. & Another v. Google India Pvt. Ltd. & Ors., Delhi High Court, CS(COMM) 1/2017, decided on 15.06.2026. The plaintiffs filed an application under Order XXXIX Rule 2A CPC and Section 12 of the Contempt of Courts Act alleging that Google and related entities violated earlier judgments concerning use of the plaintiffs’ trademarks in online advertising. The Delhi High Court held that the operative directions in the earlier judgments were confined to investigation of complaints regarding trademark use as keywords and did not impose a proactive monitoring obligation concerning advertisement text, titles, or URLs. Finding no willful disobedience of the earlier orders, the Court dismissed the contempt application while permitting the plaintiffs to report future violations for action under the defendants’ policies.
Infographic Thumbnail Prompt:
Create a professional legal news YouTube thumbnail focused on a landmark Delhi High Court judgment involving Google, trademark law, online advertising, and keyword advertising disputes. Show the Delhi High Court building in the background along with digital advertising and search engine graphics. Prominently display the text: “DELHI HC RULES ON GOOGLE ADS”, “TRADEMARK KEYWORD DISPUTE”, and “NO CONTEMPT FOUND”. Include visual elements such as Google-style search results, sponsored advertisements, trademark symbols (™), scales of justice, legal documents, and a courtroom setting. Highlight phrases like “Keyword Advertising”, “Trademark Protection”, and “Online Ads Liability”. Use a modern legal-tech design with blue, white, red, and gold accents. The thumbnail should convey the intersection of technology, intellectual property, and court regulation of digital advertising. Include visual cues showing distinction between “Keywords” and “Ad Text”. Use attached image as Image of lawyer in lawyers dress at left bottom corner which should cover 20 % of entire image area.
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