0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Google pulls global trigger on trade mark ad use policy!

25 March 2013

Google has amended its policy enabling advertisers to choose any trade mark term to trigger their advert onto consumers’ screens. In 2008 advertisers needed the owner’s permission to use trade mark keywords but in 2010 Google amended its policy allowing retailers unconnected with a trade marked brand to use the trade mark in AdWords ads provided they had a loose connection, such as selling the trade marked brands’ products.

This latest change might have followed Google’s success in the Australian High Court where it was found not to have misled or deceived the public by publishing ads in which advertisers used rivals’ names.

The policy states Google will still “investigate and may restrict the use of a trade mark within ad text”, but what security does that offer to trade mark owners if consumers have already been led to the advert?

This will not stop trade mark owners enforcing their rights against advertisers, who should seek advice before choosing keywords and creating ads, especially if they’re intending on using other brands’ trade marks.

related opinions

Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

View blog

Summary judgment stayed where part 26A restructuring plan pending

Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.

View blog

Landlords’ claims for summary judgment for ‘Covid’ rent arrears succeed (again)

A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.

View blog

The High Court offers no comfort for beleaguered retailers

Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up