Delhi HC Agrees To Hear Google's Plea In Trademark Keyword Advertising Case

The Delhi High Court on Friday agreed to hear Google's appeal against a single-judge ruling that held the technology company liable for trademark infringement over the use of the trademark "HINDWARE" in keyword advertising.

A Division Bench comprising Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora issued notice on Google's appeal, directed the parties to submit their written arguments and listed the matter for final disposal on July 24, as per LiveLaw.

The appeal challenges a judgment delivered on May 22, in which the single judge restrained Google from permitting the use of the "HINDWARE" trademark as advertising keywords.

The court had also directed Google LLC and Google India to jointly pay Hindware Limited ₹30 lakh as nominal damages.

Google Seeks Interim Protection

Appearing for Google, Senior Advocate Abhishek Manu Singhvi argued that the dispute raised an important legal question regarding trademark law in the context of online advertising.

According to the report, Singhvi submitted that the issue was whether the use of another company's trademark merely as a search trigger could, by itself, amount to trademark infringement.

He further contended that the single-judge decision contained no finding of consumer confusion. Referring to previous Division Bench rulings of the Delhi High Court, Singhvi argued that using a trademark only as a trigger, without causing confusion among consumers, should not automatically be treated as infringement.

Seeking interim relief, Singhvi also argued that the case did not involve consumer protection concerns, unfair trade practices or any judicial finding of confusion.

Responding to the submissions, the Bench observed: "On confusion, we say nothing. But it appears to be confusion there. We want to keep ourselves open minded. We will see that. We will set out for hearing. We will fix a date and hear it," as per LiveLaw.

What Is The Case About?

The litigation began after Hindware alleged that competitors Grohe and Cera had purchased the "HINDWARE" trademark and related keyword combinations through Google's advertising platform.

As a result, sponsored advertisements for rival brands allegedly appeared when users searched for terms such as "Hindware Sanitaryware", "Hindware Sanitary" and "Hindware Sanitary Ware India".

Hindware later reached settlements with Grohe, Cera and Omkara Infoweb, leaving Google as the only remaining contesting defendant.

In its May ruling, the single judge rejected Google's argument that advertisers alone were responsible for selecting keywords. The court held that Google actively facilitated the process through its Keyword Planner Tool, keyword auctions and revenue generated from user clicks.

The judgment stated that Google could not avoid liability by offering a tool that enabled infringement while claiming its use was optional.