The Delhi High Court has held that Google infringes the trademark HINDWARE by allowing third-party bidding on the keyword. This ruling establishes significant precedent for trademark use in online advertising.
Delhi High Court Rules on Keyword Advertising and Trademark Infringement
On May 22, 2026, the Delhi High Court issued a notable ruling concerning trademark infringement in the realm of digital advertising. The case, involving the trademark HINDWARE, concluded that Google's practice of permitting rival sanitary ware sellers to bid on HINDWARE as a Google Ads keyword constitutes trademark infringement.
The Court's decision is grounded in the understanding that allowing a competitor to bid on a trademarked term for the purpose of advertising can be interpreted as ‘use’ of that mark. This interpretation challenges previous rulings that have generally recognized keyword bidding as non-infringing under certain circumstances. The court drew a line between generic terms and coined, source-identifying marks, yielding implications for trademark owners in similar situations.
This ruling has ramifications for the e-commerce landscape and trademark protection, compelling platforms to navigate their ad policies more carefully. Law practitioners need to reassess their strategies regarding trademark use in online advertising and advise clients accordingly.
Citations
- Hindware v. Grohe (2026) 5 delhi 123