Whether Google's Warning On Downloading APK File Constitutes Disparagement Of Winzo's Trademark And Goodwill? Delhi High Court To Decide

The Delhi High Court is set to decide as to whether the display of warning by Google to users before they download WinZo's APK file on Chrome mobile browser constitutes disparagement of digital gaming platform's trademarks, goodwill, reputation and business.

The warning displayed by Google is “This type of file may harm your device. Do you want to keep WinZO.apk anyway?”

Justice C Hari Shankar will also decide as to whether the use of file name in the warning amounts to use as a trademark under the Trade Marks Act, 1999.

The issues have arisen in a suit filed by WinZo last year against Google seeking protection of its trademarks “WinZo” and “WinZo Games”.

It is WinZo's case that Google's warning amounts to infringement of its trademarks and it disparages the digital gaming services under the “WinZO” or “WinZO Games” marks.

On the other hand, Google has taken the stand that several other browsers display such warning while downloading third-party APK format files or applications and therefore, it constitutes an industry practice.

Justice Shankar has directed both WinZo and Google to place on record a joint schedule for recording of evidence. While listing the matter for hearing next on February 20, 2024, the court also framed the following issues:

- Whether the display of Warning by Defendant amounts to inducement to breach of contract?

- Whether the display of Warning by Defendant comes within the ambit of Section 30 of the Trade Marks Act, 1999?

- Whether the display of Warning by Defendant is justified in view of the Information Technology Act, 2000 and its accompanying Rules or any other applicable laws in India?

- Whether the Plaintiff is entitled to reliefs as sought in the Prayer of the captioned suit?

- Whether the Plaintiff is disentitled to reliefs on account of delay, latches and material suppression?

In February, a Co-ordinate Bench had refused to grant interim relief to WinZo by observing that the warning displayed by Google is in the nature of disclaimer to caution and does not result in trademark infringement of gaming platform.

The court had observed that the reference to the name of the APK file or application “WinZO” in Google's disclaimer is only for identifying the file being downloaded for purpose of warning.

Dismissing the interim application, the court had remarked that since Google was not advertising goods or services by using WinZo's marks, no case for infringement of trademark was made out.

Case Title: WINZO GAMES PRIVATE LIMITED v. GOOGLE LLC & ORS

Click Here To Read/Download Order