Google has approached the Delhi High Court against a single-judge order that held the company liable for trademark infringement over the use of Hindware's registered trademarks as advertising keywords on its Google Ads (formerly AdWords) platform. The Bench issued notice to Hindware on Google's appeal and listed the matter for further hearing on July 24.
"We will have it on July 24 for final disposal," the Bench observed while refusing to interfere with the earlier judgment.
Senior advocate Abhishek Singhvi, appearing for Google, argued that the single-judge ruling was inconsistent with earlier judicial precedents as well as internationally accepted practices governing online advertising.
The appeal challenges a May 22 judgment in which a single judge of the Delhi High Court directed Google to pay Rs 30 lakh in damages to Hindware for permitting the use of the sanitaryware company's registered trademarks as keywords in its Google Ads programme.
The dispute took place from two trademark infringement suits filed by Hindware Ltd. The company alleged that Google allowed advertisers, including competitors, to purchase keywords incorporating Hindware's registered trademarks such as "Hindware", "Hindware Sanitaryware", "Hindware Sanitar" and "Hindware Sanitaryware India".
According to Hindware, this diverted potential customers searching for its products to competing brands.
The Division Bench will now examine Google's challenge to the findings and the award of damages. The matter is scheduled to come up for further hearing on July 24.
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