Tag: Intermediary Liability

Google Liable for Keyword Bidding: Hindware v. Google

In the landmark ruling of Hindware v. Google, the Delhi High Court has fundamentally shifted the framework of intermediary liability in India. Moving away from the 'visibility' test, the Court ruled that Google’s keyword auction mechanism constitutes active participation in trademark infringement. By monetizing coined marks for competitors, Google loses its Section 79 safe harbour protection. This 163-page judgment clarifies that active commercial participation by a platform triggers liability, regardless of whether the trademark appears in the ad copy itself. This is a critical precedent for all IP practitioners in India.