Overview
- A single-judge bench led by Justice Mini Pushkarna permanently restrained Google from allowing the use of the registered marks HINDWARE and related names as advertising keywords and awarded Hindware a total of ₹30 lakh in damages.
- The court found that invisible backend keywords are still ‘use in advertising’ under Sections 29(6) and 29(8) of the Trade Marks Act because Google sold, suggested and monetised trademarked terms to advertisers.
- Justice Pushkarna rejected Google’s defence that keywords are only technical triggers and that it was a passive intermediary under Section 79 of the IT Act, saying the company actively ran auctions and profited from trademarked keywords.
- Google has issued a public statement saying it follows local laws and that its policy bars competitor use of trademarked terms in visible ad text, but it did not confirm whether it will appeal the ruling.
- Trademark lawyers and industry experts say the judgment deepens legal uncertainty after earlier conflicting rulings and is likely to push platforms to add bid-blocking, faster complaint handling and greater transparency for trademarked keywords.