The Battle for Brand Integrity: Anupam Mittal Takes on Big Tech
In a scathing critique, Anupam Mittal, founder of Shaadi.com and a judge on Shark Tank India, has accused Big Tech giants like Google, Apple, Amazon, Meta (Facebook), and Microsoft of enabling digital “free-riders” to breach trust established by brands. Mittal’s comments came on the heels of a significant legal victory in the Bombay High Court, where the court ruled in favor of his company, People Group, against domain squatters misusing the Shaadi name.
A Landmark Judgment
The Bombay High Court’s judgment recognized Shaadi.com as a “well-known trademark” under Section 2(1)(zg) of the Trade Marks Act, 1999, providing broader protection against infringement across all industries. This ruling has significant implications for brand owners in India, as it sets a precedent for the protection of intellectual property (IP) rights. Mittal’s victory is not just a win for his company, but also a milestone in the ongoing battle against domain squatters and trademark infringers.
The Problem of Digital Free-Riders
Mittal’s criticism of Big Tech centers around the issue of digital free-riders, who exploit the reputation and trust built by established brands. These individuals or entities create lookalike websites, logos, or social media profiles, with the intention of confusing users and siphoning off trust. By doing so, they undermine the investments made by brands in building their reputation and customer loyalty. Mittal argues that Big Tech companies prioritize ad revenue over trademark integrity, thereby enabling these free-riders to thrive.
Monetizing Brand Keywords
One of the key issues highlighted by Mittal is the practice of Big Tech companies monetizing brand keywords. This means that when a user searches for a specific brand, the search results may include ads from competitors or free-riders, rather than the actual brand website. This not only confuses users but also disintermediates the brand, allowing free-riders to capitalize on the brand’s reputation. Mittal contends that this practice is a clear example of how Big Tech prioritizes profits over IP protection.
The Economic Engine of Brand Trust
Mittal emphasizes that IP is not just a technicality, but the economic engine of brand trust. He argues that the Bombay High Court’s judgment recognizes the importance of IP protection in maintaining brand trust and reputation. By safeguarding IP rights, brands can ensure that their investments in building customer loyalty and reputation are not undermined by free-riders. This, in turn, promotes a healthy and competitive business environment, where innovation and entrepreneurship can thrive.
A Win for Indian Brands
Mittal’s victory is not just a personal triumph, but also a significant win for Indian brands and legal professionals. The judgment sends a strong signal that IP protection in India is finally getting real, and that the courts are willing to take a stand against trademark infringement. This development is likely to have far-reaching implications for the Indian business landscape, as it will encourage brands to invest in building their reputation and IP, knowing that their rights will be protected.
Looking Ahead
As the digital landscape continues to evolve, the issue of IP protection and trademark infringement will only become more pressing. Mittal’s critique of Big Tech serves as a wake-up call for these companies to re-examine their priorities and ensure that they are not inadvertently enabling digital free-riders. The Bombay High Court’s judgment is a step in the right direction, but more needs to be done to protect IP rights and promote a fair and competitive business environment. As Mittal so aptly puts it, “You don’t spend decades building a brand so squatters can free-ride on it.” It’s time for Big Tech to take responsibility and prioritize IP protection, rather than profits.
