Overview
- Justice Mini Pushkarna delivered a judgment on May 22 that permanently restrains Google LLC and Google India from permitting 'HINDWARE' or related phrases as advertising keywords and ordered the companies to pay Rs 30 lakh in nominal damages.
- The court held that invisible backend keywords count as 'use in advertising' under Section 29(6)(d) of the Trade Marks Act and found auctioning trademarked terms to rivals took 'unfair advantage' under Section 29(8).
- The judgment singled out Google’s Keyword Planner, real‑time auctioning and pay‑per‑click monetisation as active commercial steps that convert trademarks into sellable ad inventory rather than neutral tools.
- The court rejected Google’s claim to Section 79 safe‑harbour on the ground that its algorithms select recipients, the platform aided infringement through its tools, and it failed to exercise required due diligence.
- The decision gives trademark owners a clearer route to block competitor keyword bidding in India, has drawn public support from founders and businesses, and could force ad platforms to change policies and compliance processes for automated keyword sales.