upGrad files trademark infringement suit against Scaler; demands Rs 3 crore in damages

• upGrad files a trademark infringement suit against rival Scaler for rigging Adword bidding activity; demands Rs 3 crores in damages.
• upGrad accused Scaler of using its brand name ‘upGrad’ through Google Ads to appear on top of search results on Google Search Engine.
• In a recent statement sent to the press, Scaler denied the allegations.

upGrad has filed a suit for trademark infringement against another EdTech company called Scaler. The suit has been filed in the Delhi High Court for violation of the intellectual property relating to upGrad's trademark. They have also sought damages of more than Rs 3 crore. upGrad 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 Monday 29 November 2021, the Delhi High Court 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.

Commenting on the same, 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."

However, Scaler denied the allegations.

In a statement sent to the press, Abhimanyu Saxena, Co-Founder, InterviewBit and Scaler said, "Google Adwords bidding wars are the standard industry practice these days. Having said that, we vehemently and categorically deny the charges levelled by upGrad. We have not used their brand name in our advertising or indulged in any activity that would result in copyright or trademark infringement. Top tech companies recruit from Scaler because of the highly skilled and ethical candidates we produce. We hold high ethical standards and are proud of the work our employees, learners, and alumni are doing to uplift our nation.”

Recently in a similar Google AdWords case, The Delhi High Court granted an interim injunction in the favour of travel company MakeMyTrip and against its rival, HappyEasyGo. In the same matter and under one of its recent orders, the court also directed Google to block/suspend the Google Ads account of HappyEasyGo. Also, in one of the other similar matters filed by DRS Logistics, the Delhi High Court stated that “Google cannot absolve themselves from the liability of ensuring that the keyword is not an infringement of the trademark.”