0370 270 6000

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

Cameras in convenience stores: a potential hornet’s nest..?

A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.

View blog

Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

View blog

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

View blog

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

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up