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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

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

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.

19 April 2012

Keywords are always in fashion

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

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.

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.

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.

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.

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.

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 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

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.

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.

04 May 2010

Searching for legal resolution – how keywords stayed high on the court agenda in 2009

One of the most hotly debated topics in European trademark law over the past few years has been the question of whether the unauthorized use of a trademark as a keyword within a paid online referencing