News about Google AdWords
The use of Google AdWords is a highly contentious topic and one in which the law is constantly evolving. In its most basic form, Google AdWords is a paid-for referencing service, which enables companies to appear in the ‘sponsored link’ section of a search results page when a consumer types one of their selected ‘keywords’ into Google Search. The issue for brand owners, however, is that in many jurisdictions (notably, the UK, Europe and the US), companies using Google AdWords can select trademarks as their ‘keywords’ – and not only their own trademarks, but also those of their competitors. We set out below all the recent news and developments in this area.
European Court of Justice in Interflora case
On September 22 2011, the European Court rendered its long-awaited decision in the Interflora and Marks & Spencer (‘M&S’) case. It is the latest in a series of five decisions about the Google Adwords program. The added value of this decision is that the ECJ explains the functions of a trademark and clarifies the (scope of protection) of a trademark with a reputation in respect with the..
Court of Justice has ruled in L’Oreal / eBaycase!
The Court ruled that online intermediaries (such as eBay) may be held liable under the E-Commerce Directive for infringement committed by users when they have played an active role in sale. An ‘active role’ includes optimizing the presentation of the offers for sale in question or promoting them.
Trademark Policy Google in relation to Ad Texts: Canada, UK en Ireland update!
As discussed below, Google decided that as from September 14th it will be possible for advertisers to select the trademark of a third party as a keyword. However, it remains possible to file a complaint with Google if the advertisement text related to the keyword may cause confusion among consumers and/or is misleading.
Google EU/EFTA AdWords Trademark Policy Update
The European Court of Justice has issued several rulings in relation to the Google Adwords system and the question whether Google and/or the advertiser should be held liable for trademark infringement if the advertiser has selected someone else's trademark as a keyword. In reference to the first, and leading, "Adwords" ruling of the European Court on March 2010, Google decided to change its..
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