The Delhi High Court ruled on May 22 in a trademark dispute involving Hindware bathroom fittings, finding Google liable for trademark infringement tied to keyword advertising. The court awarded ₹3 million (about $31,600) in nominal damages. Justice Mini Pushkarna rejected Google’s claim that it acted only as a passive intermediary, stating that Google’s AdWords enabled Hindware’s rivals to use “Hindware” as a keyword to target brand-searching users. The court said selling the trademark without authorization for commercial gains infringed Hindware’s exclusive trademark rights under Section 28 of the Trade Marks Act. Indian entrepreneurs including Zerodha founder Nithin Kamath and Zoho founder Sridhar Vembu backed the ruling, citing long-running diversion of traffic and added brand-protection costs.
"“Google by selling the trademark of the plaintiff [Hindware] as a keyword without any authorization for commercial gains is infringing the plaintiff's right to exclusive use of its trademark under Section 28 of the Trade Marks Act,” the judge said."
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