When Your Brand Name Becomes Someone Else’s Clickbait: Why Google Just Lost A Big One In Delhi HC

Ashik Bothra - Mumbai Bureau May 30, 2026 1,100 Views

A Delhi High Court ruling that found Google liable for trademark infringement over its keyword ad business has sent shockwaves through India’s digital marketing ecosystem. By holding that auctioning the term “Hindware” to rivals counts as trademark “use in advertising”, the court may have just rewritten the rules of search advertising in India.

How A Bathroom Brand Took On Big Tech

The case began when sanitaryware major Hindware discovered that searches for its brand name on Google were throwing up sponsored links from competitors who had bid on “Hindware” and similar terms as Google Ads keywords. Hindware argued this diverted consumers looking specifically for its products, exploiting the brand’s “commercial pulling power” without consent. Justice Mini Pushkarna agreed, ruling that Google’s keyword auction system and suggestion tools meant it was not a passive intermediary but an active participant in using the mark.

Why The Judgment Matters For Online Advertising

The court permanently restrained Google from using “HINDWARE” and related variants as ad keywords and ordered it to pay ₹30 lakh (about USD 31,600) in nominal damages. Crucially, it held that even invisible use of a trademark as a trigger word that never appears in the ad text still qualifies as “use in advertising” under Section 29(6) of the Trade Marks Act if it’s sold to competitors. Founders and brand owners say the ruling could empower them to challenge a long-standing industry practice of bidding on rival brand names, while lawyers warn platforms may need to overhaul keyword suggestion tools and trademark enforcement in India.

Ad-Land Watchpoints From The Ruling

Court says auctioning trademarked brand names as keywords can infringe trademarks even if the mark never shows in ad copy.
Google’s “intermediary” defence was rejected; its active role in keyword planning, auctions and monetisation proved decisive.
₹30 lakh in nominal damages awarded; Google restrained from selling “Hindware” and similar marks as keywords.
Indian businesses see new scope to challenge competitor bidding on their trademarks in search and shopping ads.
Platforms may face pressure to create India-specific policies for trademarked keywords and disputes.