Trusted brand

New Delhi: The Delhi High Court has fined Google Rs 30 lakh for misusing the registered trademark "HINDWARE" as an auctionable advertising keyword, ruling that the tech giant was effectively selling the "commercial pulling power" of a brand it had no right to profit from. The dispute has its roots in 2013, when Hindware, a leading sanitaryware manufacturer, discovered that rival Cera Sanitaryware and its website developer Omkara Inforweb had been periodically purchasing the "HINDWARE" keyword through Google's AdWords programme. The following year, plumbing fixtures manufacturer Grohe was found to be doing the same. Also Read24/7 digital 'superfans' rewriting sports marketing rules: Google The result was that when customers searched for Hindware on Google, Cera and Grohe products appeared prominently at the top of the results. Hindware called this "unfair competition and trademark dilution," a deliberate diversion of customers who were looking specifically for its brand. Both competitors eventually settled with Hindware out of court. Google, however, contested its own legal liability and proceedings against the company continued. Does an invisible keyword count as trademark use? At the heart of the case was a deceptively simple question. Does using a trademarked name as a backend advertising keyword, one that never appears visibly in an ad, constitute "use in advertising" under the Trade Marks Act? Google argued it did not. Because the keyword trigger remains hidden from consumers, the company contended, it falls outside the statutory definition of trademark use. Justice Mini Pushkarna, ruling on May 22, disagreed. "It is not necessary that the registered trademark physically appears in an advertisement for the same to be used 'in advertising,'" she held. Keyword bidding, she ruled, clearly qualifies as using a mark "in advertising" under Section 29(6) of the Trade Marks Act and therefore constitutes infringement. Google wasn't a passive platform, it was an active participant The court went further, rejecting Google's implicit defence that it was merely a neutral marketplace. Justice Pushkarna observed that Google played an active role in suggesting trademarked terms through its Keyword Planner tool. By listing "HINDWARE" as a biddable keyword and auctioning it to competitors, Google was directly monetising the goodwill of a brand it did not own, the court said. Its pay-per-click model meant it earned revenue each time a user searching for Hindware was instead directed to a competitor's sponsored listing. This, the court held, amounted to trademark infringement and warranted damages of Rs 30 lakh to be paid to Hindware. Why this ruling matters beyond one brand Search engines have long occupied a grey zone in trademark law. Their business model depends, in part, on allowing advertisers to bid on competitor keywords — a practice that is widespread, lucrative, and, until rulings like this one, largely unchallenged in Indian courts. By firmly establishing that invisible keyword use constitutes trademark infringement, the Delhi High Court judgment draws a clear line that could reshape how platforms like Google sell and police their advertising inventory in India. For brand owners, the ruling offers meaningful protection. A competitor can no longer quietly buy your name as a search trigger and siphon off your customers without legal consequence. When a search engine's Keyword Planner actively recommends a brand name to a rival advertiser, it is not merely facilitating commerce, it is participating in it.

Trusted brand

Delhi HC holds Google liable for selling a brand’s goodwill it didn’t own

Telangana govt releases Rs 2,000 cr in retirement dues of employees

Preparations underway for Karnataka CM oath ceremony

Six killed in brutal firing over land dispute in Vijayapura village

I’ll pay fine, I’ll go to jail: Drunk Telangana motorist’s honest words go viral

Three arrested in Hyderabad for occupying govt land with fake orders