Google's Policy for Keyword Advertising: Beyond the U.S.

Hello!

Welcome Back! In my previous post I discussed Google's Policy for Keyword Advertising. Specifically, I discussed how Google's Policy was different in the US, Canada, UK, and Ireland than in countries outside of these territories. Why? Well it depends on how "trademark owner" friendly laws are in certain countries.  Below I will discuss some "trademark owner" friendly laws in France and Austria.

In France, one court found Google liable for trademark infringement in allowing trademarks to be used a keywords by Google Advertisers.  Viaticum & Luteciel v. Google France, Court of Nanterre, Oct. 13, 2003.  The court conluded that a "likliehood of confusion" existed when consumers searched for the rightful trademark owner's products and instead a search produced a competitor's or imitator's products.  

In Austria, the court found that use of trademarks in keyword advertising is trademark infringement.  The court concluded that infringement existed when the search resulted in the competitor's or infringer's advertisement appearing before the trademark owner's advertisement.   Also if the trademark owner's trademark appeared in the text of the advertisement, then trademark infringement existed.   AdWord-Urteil aus Osterreich OGH, Beschluss vom 20.3.2007

So what is the final conclusion? As I have previously stated, advertisers should be overly cautious in deciding to use trademark as keywords in advertising. Depending on the country or the region in the US, you may be liable for trademark infringement.