Article Alert- ‘Google keywords and trademark infringement’ published on Bar and Bench

An article titled, ‘Google keywords and trademark infringement’ authored by Partner Zeeshan A. Khan and Senior Associate, Keshav Yadav, analysing the Delhi High Court’s recent judgment in Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., 2026 SCC OnLine Del 3913, concerning the use of registered trademarks as keywords in Google’s AdWords programme, published on Bar and Bench.

The judgment is significant in the evolving jurisprudence on keyword advertising and trademark infringement in India. The Court has held that the use of a trademark as a backend advertising keyword can constitute “use” under the Trade Marks Act, 1999, and has also examined the liability of Google as an active participant in the keyword advertising process, including the applicability of the intermediary safe-harbour under Section 79 of the Information Technology Act, 2000.

The article discusses the key arguments advanced by the parties, the Court’s reasoning on keyword use, unfair advantage and dishonest commercial practices, and the implications of the decision for online advertising and trademark owners.

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