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ARTICLE · 11 AUGUST 2026

When Google Keywords Become Infringement

Vaish Associates Advocates
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Should Google be held liable for trademark infringement if it is allowing another company to use a competitor’s trademark as an advertising keyword? In the case of Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., 2026 SCC OnLine Del 3913, this was the key issue before the Delhi High Court. Justice Mini Pushkarna held that Google's AdWords programme, which allows businesses to buy competitors’ trademarks as advertising keywords, constitutes trademark infringement.

IndiaIntellectual Property
Vijay Pal Dalmia
Vijay Pal Dalmia
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Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

Should Google be held liable for trademark infringement if it is allowing another company to use a competitor’s trademark as an advertising keyword? In the case of Hindware Ltd. v. Grohe India Pvt. Ltd. & Ors., 2026 SCC OnLine Del 3913,  this was the key issue before the Delhi High Court. Justice Mini Pushkarna held that Google's AdWords programme, which allows businesses to buy competitors’ trademarks as advertising keywords, constitutes trademark infringement. This case is significant as it rules that Google cannot claim protection under the safe harbour provision in Section 79 of the Information Technology Act, 2000, making it liable for its active and crucial role in such practices.

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