Adwords and trademarks

Do you use Google Adwords? If so, do you use other people’s trademarks to target your ads? If so, you are not alone.

A case in the European Court of Justice (ECJ) is currently considering the controversial use of company names and trademarks in internet advertising searches. The ECJ case has been brought by Louis Vuitton, Viaticum SA and the owners of the Eurochallenges brand. Each argues that their trademarks rights are infringed when other businesses use their names and trademarksĀ as triggers for their Google Adwords ads.

A ruling is expected sometime in February, but the likely outcome is that Google’s service and behaviour is legal and does NOT infringe trademark rights.

Google has released a statement: “We believe that consumers are smart and are not confused when they see a variety of ads displayed in response to their search queries.”

Most internet marketers must hope that Google will win the case so that they can continue to use other people’s company names and trademarks as Adwords triggers.

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