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ARTICLE · 21 JULY 2026

Invisible Code, Visible Damage: Why Every Business Should Audit Its SEO Strategy

Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
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Maheshwari & Co. Advocates & Legal Consultants

Maheshwari & Co. Advocates & Legal Consultants

• Full-service law firm established in 2004 by Mr. Vipul Maheshwari, headquartered in New Delhi,...

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When competitors embed your trademark in hidden website code or use it as a search keyword, the line between smart marketing and legal liability becomes dangerously thin. Indian courts are increasingly scrutinizing these invisible SEO tactics through the lens of passing off law, examining whether such practices constitute actionable misrepresentation that diverts customer goodwill and causes commercial damage.

IndiaIntellectual Property

Your company has invested years building its brand, improving Google rankings, and earning customer trust. Yet overnight, a competitor begins appearing whenever customers search for your business—using your trademark as a keyword or embedding it within hidden website code. At first glance, it appears to be smart digital marketing. In reality, it could expose both businesses to significant trademark disputes, reputational damage, and costly litigation. As businesses increasingly compete online, the intersection of SEO strategy and trademark law has become a critical risk area for marketing teams, founders, and in-house legal departments alike.

Under Indian law, the question is narrower and more technical: When does a competitor’s use of your trademark in SEO and meta tags amount to “passing off”?

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