Advertisers in Europe May Face Limits in Use of Keywords

An adviser to the highest European Union court recommended Thursday that some restrictions be placed on the rights of advertisers to use the names of rivals as keywords to generate sponsored links on Internet search engines.If the court goes along with the opinion, the decision could make some advertisers more cautious in their purchase of the search ads on Google, one of the fastest-growing areas of marketing in recent years, analysts said.
http://www.nytimes.com/2011/03/25/technology/25iht-keyword25.htmlAlso see:Brand owners could stop keyword triggers that benefit from their reputation, says ECJ advisor
Owners of trade marks with a reputation could stop other companies using their brands as triggers for Google adverts if the use is an attempt to benefit from the reputation of that brand, an advisor to the European Court of Justice (ECJ) has said.ECJ Advocate General Niilo Jääskinen has published an opinion on a High Court dispute between Interflora and Marks and Spencer (M&S) over whether M&S can use the term ‘Interflora’ to trigger adverts in Google search results.
http://out-law.com/page-11837

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