We are appealing Delhi HC order, says Google in Hindware trademark case

Google has moved to challenge the Delhi High Court's recent ruling in the trademark dispute involving Hindware, arguing that the judgment departs from established legal precedent governing keyword advertising in India.

"We are appealing the Delhi High Court's order, which diverges from established legal precedents in India. Our ads policies reflect standard practices that enable competition and give consumers more choices. We look forward to presenting our position to the court," a Google spokesperson said.

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The appeal follows the Delhi High Court's decision in the long running dispute over the use of trademarked terms as advertising keywords. The case centred on whether competitors could bid on the "Hindware" trademark in Google Ads, even when the trademark did not appear in the visible text of an advertisement.

Google has maintained that allowing advertisers to bid on trademarked keywords is a globally accepted practice designed to promote competition and offer consumers alternative choices. The company argues that the backend use of a trademark as a keyword, by itself, does not amount to trademark infringement unless the resulting advertisement creates consumer confusion, deception or trademark dilution.

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The company also points to previous Indian judicial precedents, including matters involving MakeMyTrip and DRS Logistics, where courts held that internet users are capable of distinguishing between competing advertisements and are not automatically misled merely because an alternative appears in search results.

Google's advertising policies continue to prohibit advertisers from using another company's trademark in the visible text of an advertisement where it could mislead consumers. Trademark owners can also file complaints against misleading advertisements, which are reviewed under the company's existing ad policies.

While pursuing the appeal, Google said it has complied with the specific blocking measures directed under the ongoing legal proceedings without affecting other advertisers' campaigns. The company added that its advertising policies remain unchanged as it awaits further judicial consideration of the matter.