Posts Tagged ‘AdWords’

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Google Increases Ad Prominence For Sellers Using Third Party Trademarks

Brand owners are likely to be unimpressed by Google’s latest update to its AdWords program, which gives purchasers of third party trademarks increased prominence for their ads. The change, which is already in operation, means “organic” search results will be pushed further out of view by sponsored ads, whose format now looks like some categories [...]

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New York Becomes Latest Court To Rule Against Use of Trademarks in AdWords

A District Court in New York has become the latest to find that using a competitor’s trademark in Google’s AdWords program can be trademark infringement. District Judge Roslynn R. Mauskopf found that the Defendants’ selection of “PILLOW PETS” and similar marks as a trigger for Google Ads is likely an infringement of the Plaintiff’s registered trademarks [...]

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New Microsoft ad strategy more aggressive than Google’s?

Microsoft has recently tested a new system of advertising whereby ads are not placed on top of the organic search results, nor to the side, nor on a colored background, but actually within the list of organic results.  Is this a smart move?  Will Microsoft find itself on the end of a (meritorious) lawsuit for [...]

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Google AdWords Takes A Hit: E-Commerce Safe Harbour MIA

While the Wall Street Journal (initially, at any rate) declared outright victory for Google’s AdWords service after the Court of Justice of the European Union (“ECJ” or “CJEU”) ruled that the sale of keywords to advertisers did not constitute “use” of those keywords within the meaning of the Trade Marks Directive (89/104/EEC), most of us [...]

California Court finds AdWord ad creates likelihood of confusion

In his January 25, 2011 decision in the Central District of California, District Court Judge George H. King held that the targeted use of a third party’s trademark in a Google AdWord advertising campaign can constitute trademark infringement and can also leave advertisers open to an award of enhanced damages, attorneys fees and costs.  (Binder [...]

Comments on keywords

I’ve been enjoying some discussion with another AdWords specialist (Austrotrabant) over Google’s recent policy changes and the meaning of the CJEU’s Google France and subsequent decisions.  Please go on over to to have a look. In the meantime, I’ve posted my comments below as they are fairly self-contained and might be of interest.  I’ll [...]

Google abandons AdWords Keyword “Suggestion” Tool

Google has put an end to its controversial Keyword “Suggestion” Tool after the CJEU ruled that it might not benefit from the exemptions from liability found in the E-Commerce Directive.  It also appears to have modified its remaining services to protect the “LOUIS VUITTON” trademark, but continues to allow advertisers to sully other luxury brands [...]

Can Recital 42 and Article 14 be reconciled?

When the CJEU handed down its decision in Google and Google France vs. Louis Vuitton on March 23, 2010, brand owners were both disappointed and optimistic.  Although the Court had held that because Google was not using third parties’ trademarks in its own commercial communications when it was offering them for selection as AdWords (meaning [...]

Google says sorry after being a little bit evil

By the end of April, it was begining to look like Google was turning a corner on what had started out as a potentially difficult year.  In Europe, Google was in a high-profile dispute with LVMH, the owner of famous brands such as Moët, Hennessy, Louis Vuitton, Fendi and Christian Dior.   If the result went the [...]

Google and LVMH both claim victory in landmark ECJ ruling

Despite this morning’s signing into law of a landmark healthcare bill in Washington, and last night’s news that Google has begun redirecting Chinese surfers to its Hong Kong-based search engine, this morning’s ECJ AdWords ruling has received some prominent media reaction on this side of the Pond (although not half as much as there would [...]