The Delhi High Court on May 22 issued a permanent injunction preventing Google from using "HINDWARE" as a keyword for advertising. This ruling bars Google from employing the trademarked term as an invisible backend keyword to trigger ads, a practice the court found to constitute "use in advertising" under Indian trademark law, according to medianama.com.
Following the judgment, Google issued a statement emphasizing its compliance with local laws and its global policy against allowing competitor advertisers to use trademarked terms in visible ad text. However, the court's ruling focused on Google's use of trademarked terms as invisible backend keywords, which do not appear in the ad text but trigger ad auctions. The court found this invisible use to violate trademark protections, a point Google’s statement did not directly address, per medianama.com.
The ruling highlights the legal scrutiny over digital advertising practices involving trademarked keywords in India. While Google maintains a policy prohibiting trademark use in visible ad text, the court’s decision extends trademark protections to backend keyword triggers. This sets a precedent impacting how online platforms manage keyword advertising, aligning with Indian trademark law and potentially influencing similar cases in the digital advertising sector, as detailed by medianama.com.
Google’s spokesperson acknowledged the ruling and stated the company will continue to engage with the legal process to clarify its position. The Delhi High Court’s May 22 order remains in effect, marking a significant enforcement of trademark rights in the context of online advertising in India, according to medianama.com.