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Google Appeals Delhi Ruling That Treated Backend Keywords as Trademark Use

The appeal disputes a May order that found invisible ad triggers to be 'use in advertising', potentially reshaping platform liability, safe‑harbour rules, the economics of search ads in India.

Overview

  • A single‑judge of the Delhi High Court ruled in May that using a registered mark as an invisible Google Ads keyword can amount to trademark infringement and ordered Google to pay ₹30 lakh in damages.
  • Google filed a detailed 4,761‑page appeal arguing the decision departs from Indian and global precedent and that keywords are internal triggers rather than visible use by advertisers.
  • A division bench of the Delhi High Court issued notice on Google's appeal on Friday, refused interim protection against the May order, and listed the matter for a full hearing on July 24, 2026.
  • The single‑judge found Google suggested trademarked terms via its Keyword Planner, ran auctions for those terms and profited from pay‑per‑click clicks, a reasoning the company must now overturn to preserve its safe‑harbour shield under Section 79 of the IT Act.
  • If the division bench upholds the May ruling it could raise ad costs for challengers, limit competitors’ access to search traffic, and create new grounds for brands to sue platforms and rival advertisers over keyword bidding, altering how online ads work in India.