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ARTICLE · 20 OCTOBER 2009

Google’s Adwords Should Not Be Held To Infringe Trade Marks, Says Advocate General

Norton Rose Fulbright Australia
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In a blow for Australian brand owners who have or plan to have a stake in the European market, the Advocate General who is the legal advisor to the European Court of Justice (ECJ) has stated that the Google AdWords system does not infringe third party trade mark rights.

AustraliaIntellectual Property
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Article by Jonathan Ball (Norton Rose Group) and Emma Nelson

In a blow for Australian brand owners who have or plan to have a stake in the European market, the Advocate General who is the legal advisor to the European Court of Justice (ECJ) has stated that the Google AdWords system does not infringe third party trade mark rights.

Background

When internet users input search terms into the Google search engine, a list of natural search results is generated, being selected and ranked according to relevance to the search term inputted.

Google's Adwords system allows advertisers to pay for certain keywords. When a user inputs these keywords into the browser, it causes the advertisement to appear at the top of the natural search results generated, or on the side of the screen or against a different background. The advertisers pay Google on a per click basis for users clicking through on their link.

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