wordpress blog stats
Connect with us

Hi, what are you looking for?

Delhi HC to Decide If Google’s Warnings Before Downloading WinZO’s apk File Violate WinZO’s Trademarks

WinZO sought to restrain Google from displaying the warnings on trademark violation grounds, adding that the warnings were leading to fewer downloads from WinZO’s website.

Next February, the Delhi High Court will finally decide on whether Google was indeed violating WinZO’s trademarks through warnings issued to its users, and whether the gaming company is entitled to relief. The case will be renotified on February 20th, 2024.

The development was first reported on by LiveLaw.

What’s this case about?: Filed in 2022, WinZO argued that a display warning flashed on Google’s Chrome mobile browser before downloading the gaming app’s apk file (Android Package Kit) amounted to a trademark violation. The warning says “this type of file may harm your device. Do you want to keep WinZO.apk anyway?”. WinZO sought to restrain Google from displaying the warnings on trademark violation grounds, adding that the warnings were leading to fewer downloads from WinZO’s website. Google described the warnings as an “industry practice,” adding that several other browsers display them too.

In the first major event in this case earlier this year, a separate bench of the Delhi High Court refused to grant WinZO interim relief in the case, denying that downloading amounts to trademark violation. Justice Amit Bansal had then described the warning as a “disclaimer” adding that it doesn’t prohibit downloads, and simply cautions users before they download apps outside of Google’s ecosystem. Further, Google wasn’t providing or advertising goods and services using the trademark, so violations of trademark law weren’t made out. Describing WinZO’s claims of declining downloads as “speculative”, the Court then argued that browsers are bound to issue warnings to users to protect them from potential threats under India’s platform regulation rules, the IT Rules, 2021.

So, what issues will the current proceedings cover? The issues that will be considered by Justice C. Hari Shankar in February are:

  1. Whether Chrome mobile browser displaying a warning before downloading the apk file constitutes “disparagement” of WinZO’s trademarks, goodwill, business and reputation;
  2. Whether displaying the file name (“WinZO.apk”) in the warning amounts to “use as a trademark under the Trade Marks Act, 1999“;
  3. Whether Google displaying the warning amounts to inducing a breach of contract;
  4. Whether displaying the warning falls under Section 30 of the Trade Marks Act, 1999. Section 30 deals with exceptional cases where trademark infringement wouldn’t apply.
  5. Whether displaying the warning is justified in light of the Information and Technology Act, 2000, rules issued under it, and other applicable Indian laws.
  6. Whether WinZO is entitled to relief; and
  7. Whether WinZO is disentitled to relief on account of “delay, latches and material suppression”.

Why might apk downloads be important to WinZO? According to the company’s plea, WinZO’s app was first launched in February 2017 and was available for download on Google’s Play Store. However, the app later became a paid gaming platform and was subsequently removed from the Play Store. Users can now directly download the app from the website.


STAY ON TOP OF TECH NEWS: Our daily newsletter with the top story of the day from MediaNama, delivered to your inbox before 9 AM. Click here to sign up today!

Advertisement. Scroll to continue reading.

Read more

  • Delhi High Court Dismisses WinZO’s Trademark Infringement Plea Against Google
  • Fortnite-Maker Epic Games Goes After Google Play Store In India
  • Gaming: Why Is WinZO Suing MPL For Copyright Infringement?
  • WinZO Sues Google In Delhi HC For ‘Discriminatory’ Practices In Its Policy On Real Money Games
Written By

Free Reads

News

The service from the tie-up will initally be launched at Bengaluru, Bhubaneswar, Vijayawada and Visakhapatnam railway stations

News

The Minister's response came after an X user posted answers generated by Gemini regarding Prime Minister Narendra Modi.

News

Vaishnaw said that in the next five years, there will be significant disruptions in the way telecom technology operates.

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

Notably, Indus Appstore will allow app developers to use third-party billing systems for in-app billing without having to pay any commission to Indus, a...

News

The existing commission-based model, which companies like Uber and Ola have used for a long time and still stick to, has received criticism from...

News

Factors like Indus not charging developers any commission for in-app payments and antitrust orders issued by India's competition regulator against Google could contribute to...

News

Is open-sourcing of AI, and the use cases that come with it, a good starting point to discuss the responsibility and liability of AI?...

News

RBI Deputy Governor Rabi Shankar called for self-regulation in the fintech sector, but here's why we disagree with his stance.

You May Also Like

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ