Delhi High Court Orders Google to Pay Rs 30 Lakh Over Hindware Trademark Misuse

The Delhi High Court has levied a Rs 30 lakh penalty on Google for unlawfully using Hindware's trademark for AdWords. The court condemned the practice as unfair, emphasizing the need for permission before using registered trademarks as keywords.

The Delhi High Court has imposed a fine of Rs 30 lakh on Google for unauthorized use of Hindware's trademark in its AdWords program. This decision concludes two lawsuits filed by Hindware Ltd against Google LLC and Google India.

Justice Mini Pushkarna ruled that using registered trademarks as keywords is an unfair advantage under the Trademarks Act. The court has prohibited Google from using 'Hindware' related terms in its advertising campaigns.

The judgement highlights that Google's AdWords program exploits the reputation of trademark holders for its advertising business. The court emphasized that Google failed to seek prior consent from Hindware for the use of its trademark. Furthermore, the court denied Google immunity under the IT Act for trademark auction in this context.

The court found Google's changing policy regarding trademarks as keywords, allowing such practice since 2009, indicative of a deliberate commercial strategy.