Searching for “Hindware” on Google today yields results with Hindware at the forefront. However, this hasn’t always been the case. Previously, searches for this brand often led users to competitors who had paid Google for premium advertisement placements. In a landmark decision in May, the Delhi High Court ruled such practices as trademark infringement, ordering Google to pay Rs 30 lakh and prohibiting the sale of the word “Hindware” as an advertising keyword. Meanwhile, a U.S. appeals court upheld the contrary position, finding no fault with similar practices.
Contrasting Court Rulings
The Indian case, Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., was decided on May 22, 2026, by Justice Mini Pushkarna. The court determined Google infringed upon the trademark by selling it to competitors, despite the fact that the trademarked word never appeared on screen. Conversely, on August 4, the Eleventh Circuit Court in the U.S. ruled in Deltona Transformer Corporation v. The NOCO Company that keyword bidding did not constitute infringement due to the invisibility of the keyword to consumers. Google’s appeal against the Delhi ruling is ongoing, with the Division Bench refusing to grant a stay. Google argues that the ruling places India out of sync with international norms, a stance now bolstered by this recent American judgment.
Legal Background: Indian and American Perspectives
The Indian legal battle started in 2013 when Hindware found that Cera Sanitaryware and Grohe had purchased “HINDWARE” as a Google AdWords keyword. After all advertisers settled, Google’s Indian entities remained the primary defendants. Justice Pushkarna’s ruling emphasized that a trademark need not appear in an ad to be used in advertising. By monetizing “HINDWARE” through its keyword planner, Google was deemed to be infringing the trademark under Section 29(8) of the Trade Marks Act, losing its safe harbor protection under Section 79 of the Information Technology Act.
In the American case, Deltona accused competitor NOCO of using its “Battery Tender” mark in keyword advertising. The jury ruled against NOCO on multiple fronts, except for the keyword bidding aspect. The Eleventh Circuit found that because the keyword was invisible to consumers, it could not cause confusion, a key criterion under American trademark law.
Implications of Invisibility in Trademark Law
Both courts start from the fact that the keyword remains unseen by consumers. However, they diverge significantly in their conclusions. While the Delhi High Court sees invisibility as irrelevant, the Eleventh Circuit considers it decisive. The American court argues that since consumers cannot see the keyword, there is no confusion, aligning with precedents set by other U.S. circuits.
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The focus in the U.S. is purely on consumer confusion, whereas the Delhi court emphasized unfair advantage and commercial honesty. This fundamental difference highlights what each jurisdiction seeks to protect under trademark law. Google’s critique of the Delhi judgment as an international outlier is only partially correct, as the European Union’s stance in Interflora aligns more closely with India’s.
Future of Keyword Advertising Legalities
The Delhi High Court’s decision may have far-reaching implications, especially in the context of emerging technologies. The question remains whether platforms can maintain neutrality while suggesting third-party trademarks for auction. The Delhi ruling’s focus on monetization over consumer confusion could influence the development of search technologies beyond traditional keyword advertising.
For brand owners like Hindware, success depended on the unique nature of their trademark. Descriptive marks may find it challenging to replicate such victories. Meanwhile, advertisers must consider the increased exposure risks for both visible and invisible advertising content.
Nilanshu Shekhar, a Partner at KAnalysis, wrote this article. This piece reflects his opinions, not necessarily those of Bar & Bench. For publications on Bar & Bench, please fill out the form available on their site.
