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ARTICLE · 16 JULY 2013

Google not liable for Adwords keywords

An Italian court held that Google is not obliged to monitor the AdWords keywords selected by its users.

AustraliaMedia, Telecoms, IT, Entertainment

The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users. The court did find liability for a local rental company, Sicily by Car, for the usage of the trademark "maggiore" held by a major rental company, Maggiore Rent SpA. This was only when done in connection with the usage of AdWords "dynamic keyword insertion" tool allowing to show the selected keyword as ad text in the sponsored link when users were searching such term.

Maggiore had challenged not only the conduct of Sicily by Car but also the contributory liability of Google because of its active role in the selection of AdWords keywords in breach of Maggiore's rights.

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