Delhi High Court Imposes ₹30 Lakh Fine on Google for Trademark Misuse The Delhi High Court has ruled that Google violated trademark laws by using Hindware’s registered mark “HINDWARE” as a keyword in its AdWords advertising program, imposing a ₹30 lakh fine on the tech giant. The court’s May 22 judgment, delivered in two commercial suits filed by Hindware (through its predecessor HSIL) against Google and other entities, concluded that Google’s role in facilitating the unauthorized use of the trademark for commercial gain constituted active participation in trademark infringement. The case originated in 2013–14 when Hindware, a leading sanitaryware manufacturer, alleged that its competitors, including Grohe India and Cera Sanitaryware, had exploited its trademark by purchasing “HINDWARE” and related keywords like “HINDWARE SANITARY” on Google’s AdWords platform. These keywords were used to display sponsored links to the competitors’ websites as the first search results when users typed “HINDWARE.” Hindware argued that this practice caused consumer confusion and undermined its brand’s reputation. During the trial, Grohe, Cera, and Omkara Infoweb settled with Hindware, leaving Google India and Google LLC as the remaining defendants. Hindware emphasized the strength of its brand, which had been recognized as a well-known trademark by the Delhi High Court in earlier litigation. It contended that Google’s role in managing keyword auctions, suggesting trademarks via its keyword planner, and ranking ads made it an active participant in the infringement. The company argued that Google’s use of the trademark as a keyword for identical goods (sanitaryware) created a likelihood of confusion among consumers.#google #delhi_high_court #hindware #adwords #trademark_misuse
Indian Sanitaryware Brand Wins Legal Battle Against Google Over Trademark Infringement The Delhi High Court has ruled that Google’s practice of auctioning trademarked brand names as advertising keywords in its Google Ads program constitutes clear trademark infringement. The court ordered the tech giant to permanently stop using the term “HINDWARE” or its variations as keywords in its advertising system and awarded Rs 30 lakh in damages to Hindware, an Indian sanitaryware manufacturer. The case, which spanned over a decade, centered on whether Google’s pay-per-click model violated trademark laws by allowing competitors to divert traffic to their websites using a registered brand’s name. The dispute began in 2013 when Hindware discovered that competing brands, including Cera Sanitaryware and Grohe, were purchasing the trademark “HINDWARE” as a keyword through Google AdWords. This practice led to customers searching for Hindware being shown results from these competing brands, which Hindware argued constituted “unfair competition” and “trademark dilution.” While Cera and Grohe eventually settled with Hindware, the legal battle against Google continued, focusing on whether the search engine’s role in facilitating keyword bidding qualified as trademark infringement under India’s Trade Marks Act. The court’s 163-page judgment emphasized Section 29(6)(d) of the Trade Marks Act of 1999, which defines unauthorized use of a registered trademark as including advertising in digital formats, such as sponsored search keywords. Justice Pushkarna ruled that Google’s AdWords program allowed competitors to exploit Hindware’s brand reputation by bidding on the term “HINDWARE,” effectively diverting potential customers to their websites.#google #delhi_high_court #hindware #trade_marks_act #google_ads
