The Delhi High Court on Friday issued notice on Google's appeal challenging a recent judgment that held the technology giant liable for trademark infringement over the use of the registered trademark 'HINDWARE' as a keyword in its Google Ads (formerly AdWords) advertising programme.
A division bench of justice V Kameswar Rao and justice Manmeet Pritam Singh Arora sought responses from Hindware and the other parties to the dispute. However, the Bench declined to grant interim relief to Google and fixed 24 July 2026 for hearing the matter in detail.
The appeal challenges a 22nd May judgment delivered by a single-judge Bench in two commercial suits filed by sanitaryware manufacturer Hindware against Google, Grohe India, Cera Sanitaryware and Omkara Infoweb.
The dispute arose after Hindware alleged that searches for its registered trademark on Google displayed sponsored advertisements of competing brands. According to the company, its rivals had purchased 'HINDWARE' and related combinations such as 'HINDWARE SANITARY' as advertising keywords, enabling their sponsored links to appear prominently in search results.
In its 22 May 2026 ruling, the single judge held Google liable for trademark infringement and directed the company to pay ₹30 lakh to Hindware as damages. The court also restrained Google from allowing the use of the registered marks 'HINDWARE', 'HINDWARE SANITARYWARE', 'HINDWARE SANITARY' and similar combinations as keywords in its advertising programme.
Google has now challenged that verdict before the Division Bench.
Appearing for Google, senior counsel Abhishek Manu Singhvi argued that the case raised issues of significant public importance. According to reports, he submitted that search engines rely on advertising revenue to operate and cautioned that the judgment could have far-reaching implications for internet search and digital advertising.
He argued that users searching for a brand often expect to see competing products and alternatives, contending that presenting consumers with multiple choices serves the broader public interest.
The case is being closely watched because it marks another significant development in India's evolving legal approach to trademark use in keyword advertising.
Earlier decisions, including the Delhi High Court's 2023 ruling in Google LLC vs DRS Logistics, had held that the use of trademarks as advertising keywords constitutes 'use' under the Trade Marks Act. However, the Court also clarified that such use would not automatically amount to trademark infringement. Instead, courts must examine whether it creates consumer confusion, takes unfair advantage of a trademark's reputation, dilutes the mark or otherwise harms its distinctiveness.
Similarly, in disputes involving Matrimony.com, courts had adopted a competition-sensitive approach, recognising that users may search not only for a particular brand but also for alternatives.
The 22 May 2026 Hindware judgment, however, adopted a stricter approach. It distinguished the case from earlier rulings by observing that 'HINDWARE' is a coined and well-known trademark used in relation to directly competing products. The Court also concluded that Google's role in selling, suggesting and monetising keywords was not merely passive, rejecting the company's claim that it functioned solely as an intermediary entitled to safe harbour protection under the Information Technology Act.
The division bench's eventual ruling is expected to provide further clarity on the legal boundaries of keyword advertising, the liability of online platforms and the balance between trademark protection and fair competition in digital advertising.
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