Delhi High Court Restrains Google from Using ‘HINDWARE’ Trademark as Advertising Keyword

The Delhi High Court has delivered a significant ruling in a trademark infringement case involving sanitaryware brand HINDWARE and Google, holding that the use of a registered trademark as an advertising keyword can constitute a violation of trademark rights.

The court permanently restrained Google from using the trademark ‘HINDWARE’ or any of its variations as keywords within its Google Ads platform. In addition, the court directed the technology company to pay ₹30 lakh in damages to Hindware.

The dispute dates back to 2013 when Hindware discovered that competing sanitaryware brands were purchasing the keyword “HINDWARE” through Google’s advertising platform. As a result, advertisements for competing products appeared prominently when consumers searched for the Hindware brand online. Hindware argued that this practice diverted potential customers and diluted the value of its trademark.

Although some competing brands later reached settlements with Hindware, the legal proceedings continued against Google to determine whether the search engine giant could be held responsible for allowing trademarked terms to be used as advertising triggers.

In its judgment, the court observed that a trademark does not need to be visibly displayed in an advertisement to qualify as being used in advertising. The court held that using a registered trademark as a keyword to trigger advertisements for competing products amounts to commercial use of the mark and falls within the scope of trademark infringement under the Trade Marks Act, 1999.

The ruling also rejected Google’s argument that keywords are merely invisible backend tools. According to the court, these keywords play a direct role in advertising and influence consumer behaviour by directing internet traffic.

Legal experts believe the verdict could have wider implications for digital advertising practices in India. The judgment is expected to strengthen trademark protection for businesses and may influence how online advertising platforms manage the use of registered brand names in keyword-based marketing campaigns.