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01 September 2011

Keyword advertising retargeted for new uses

Just when you thought the keywords issue was diminishing, advertisers are now targeting online ads based on behaviour. Is this a new chapter in the battle between trademarks and keywords?

04 May 2010

Talking point: Google keywords

Justice of the European Union (ECJ) decision on the questions referred by the French Court of Cassation in joined Cases C-236/08, C-237/08 and C- 238/08 found that Google’s use of trademark terms as keywords

14 February 2017

Keyword advertising decision reversed on appeal

In Vancouver Community College v Vancouver Career College, the British Columbia Court of Appeal has overturned a decision of the British Columbia Supreme Court concerning whether the use of keywords

While the Court of Appeal decision reinforces the principle that purchasing a competitor’s mark as a keyword will not alone be sufficient to constitute passing off, it suggests that the appropriate time

12 June 2008

Court requires 'negative keyword' option

In Orion Bancorp Inc v Orion Residential Finance LLC, a federal district court has ordered that the defendant require the activation of the term 'Orion' as a negative keyword or adword in any internet

The decision shows that a negotiated settlement may lead to the obligation to use an infringed mark in a negative keyword or adword in all future internet advertising.

03 July 2009

The view onlineClarification on keyword advertising now urgent

Courts from five different EU jurisdictions have referred questions to the ECJ with regard to keyword advertising. Further guidance on the issue is vital

27 February 2015

Interflora faces fresh call to prove M&S keyword infringement

As the Court of Appeal orders Interflora back to the High Court, there are fresh questions over keyword advertising and what exactly constitutes infringement

23 March 2010

Google victorious in landmark ECJ keywords decision

Google has won the battle to protect its business model of selling trademark terms as keywords.

European Union has today published its hotly anticipated decision in the joined cases against Google, in which several powerful brand owners claimed that the search engine's sale of trademark terms as keywords

01 December 2009

Preliminary injunction overturned in keyword case

In HE-House A/S v Skandinavisk Motor Co A/S, the Supreme Court has overturned a preliminary injunction issued by the Eastern High Court against use of the SKODA marks as keywords in search engines

22 June 2010

First decision on keyword advertising issued

In Private Career Training Institutions Agency v Vancouver Career College (Burnaby) Inc, the British Columbia Supreme Court has held that keyword advertising involving the use of competitors' trade

04 June 2009

Crucial ECJ keyword opinion is delayed

The opinion of the advocate general of the ECJ on the controversial LVMH v Google keywords case, due to be published today, has been postponed.

25 May 2007

Keyword advertiser liable for trademark infringement

The Austrian Supreme Court has held a keyword advertiser liable for trademark infringement because its sponsored link appeared under the name of another party's trademark and before the link to

05 November 2008

over keywords

Inc, alleging trademark infringement in keyword advertising.

04 June 2009

Use of competitor's mark as keyword constitutes infringement

The Specialized Division of the Court of Milan has held that use by a third party of the trademark of a competitor as a keyword to trigger sponsored links constitutes trademark infringement and takes unfair

This is the first significant decision to consider the practice of keyword marketing and the potential liability of search engines.

30 September 2016

FTC targets efforts to police keyword advertising

The Federal Trade Commission (FTC) has brought a complaint against 1-800 Contacts Inc under Section 5 of the FTC Act targeting certain agreements restricting 14 competitors from bidding on search keywords

01 May 2007

Legality of online trademark keyword ads still in question

Two recent developments highlight that the use of marks to generate online keyword ads remains controversial.

In March the State of Utah implemented a statute designed to ban the use of marks to trigger keyword ads displayed to internet users within the state.