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Delhi High Court Rules Google Liable in Trademark Keyword Case
A Delhi High Court judgment delivered on May 22 has drawn renewed attention in recent days for finding Google liable for trademark infringement in its keyword advertising practices. The case, brought by Hindware, centered on competitors bidding on the “Hindware” trademark as a keyword in Google’s AdWords platform without authorization.
Justice Mini Pushkarna rejected Google’s position that it acted merely as a passive intermediary. The court determined that Google’s sale of the trademarked term for commercial gain infringed the plaintiff’s exclusive rights under Section 28 of the Trade Marks Act. Nominal damages of ₹3 million (approximately $31,600) were awarded.
The ruling has prompted founders and brand owners to revisit long-standing concerns about keyword advertising allowing competitors to divert customers. Legal observers note the decision could influence how platforms handle trademarked terms in paid search across India and potentially other jurisdictions.
Google has not yet indicated whether it will appeal the judgment. The case highlights ongoing tensions between search engine monetization models and brand owners’ rights to control use of their marks in advertising contexts.