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19 April 2012

Keywords are always in fashion

Issues surrounding the use of trademarks online featured prominently in 2011’s US case law

01 December 2010

Use of trademark as AdWords keyword held to constitute infringement

The Copenhagen Maritime and Commercial Court has held that Pixelpartner's use of the term 'Billedbutikken' as a keyword in Google's AdWords system took undue advantage of the trademark BILLEDBUTIKKEN

01 February 2011

Keywords attract 11 million visits to fake sportswear sites

As gridiron fans limber up for the Super Bowl this weekend and sports brand owners build anti-counterfeiting strategies to fight the fake goods aimed at sports fans, new data shows that keyword ads pose

31 March 2011

Exclusive: Google’s in-house trademark counsel on counterfeits and keywords

In an exclusive interview with WTR, Google’s most senior trademark counsel has revealed that the majority of keyword ads deleted for advertising counterfeit goods never even go live.

06 May 2009

Google risks mark owners' ire after global keywords overhaul

Google has announced plans to roll out its controversial keywords policy across the world. The move could leave trademark owners open to third-party abuse.

01 August 2013

Research tackles impact of Google’s keyword policy change on traffic to mark owners’ sites

The use of trademarks as keywords to trigger ads for competing companies is a subject that has been the focus of extensive coverage, in WTR and beyond.

New research has used the click-stream data from internet users to explore the impact of Google’s 2010 European keywords policy change on traffic to trademark owners’ sites.

18 May 2009

Trademark battles likely after Google revises US keywords policy

Google has once again defied mark owners in the United States by further opening up its keywords advertising policy.

17 April 2009

Google dealt blow in keyword case

In an eagerly awaited decision, the US Court of Appeals for the Second Circuit has held that Google Inc’s sale of Rescuecom Corp's trademark in its AdWords system was a use in commerce sufficient to subject it to trademark infringement liability. However, in remanding the case to the district court, the Second Circuit pointed out that it did not know whether Rescuecom could prove that Google’s use of its mark caused a likelihood of confusion.

13 January 2017

High Court issues useful guidance on trademark infringement and passing off in keyword advertising

The High Court has issued useful guidance on the issue of trademark infringement and passing off in the context of keyword advertising, in a case concerning two bathroom retailers.

The case reiterates that keyword advertising is not inherently objectionable from a trademark perspective and that the question is whether the advert is causing confusion.

24 February 2014

Amazon held to have infringed Lush's trademark in keyword case

In Cosmetic Warriors Ltd v Ltd, Lush's Community trademark was held to be infringed by Amazon's purchase and use of ‘lush’ as a keyword through Google AdWords where the sponsored link

17 March 2015

Brand traffic lost due to trademark bidding in keyword advertising revealed

A new report into keyword advertising across a selection of search engines has illustrated the significant traffic loss that results from third parties capitalising on trademark terms, and highlighted

05 April 2012

Blow to Google in “surprising” keywords decision

Australia’s Full Federal Court has overturned a previous decision which held that Google did not itself engage in misleading and deceptive conduct as a result of misleading advertisements or 'sponsored links' appearing on its website. The case centred on four specific links, with the judgment described as “surprising” by one commentator.

24 March 2011

Trademark owners can fight keywords advertisers, says advocate general

The latest opinion on keywords advertising could, if followed by the European court, have a significant impact on Google’s advertising model.

12 November 2013

Third-party bids on trademarked keywords on the rise, says hospitality industry study

Recent research suggests that online travel agencies are progressively bidding on internet search keywords that incorporate terms trademarked by hotel chains.

19 July 2010

Circumstances in which resellers can use third-party mark as keyword outlined

In Portakabin Ltd v Primakabin BV, the ECJ has provided guidance on the use of third-party trademarks as keywords to advertise websites selling genuine goods under the marks.