Overview

A key ruling on Google’s Adwords technology has underlined the extent that companies can control the use of their brand names by internet service providers.

What do you do if you want to find your favourite brand without having to shop around? More than likely you do an internet search. And in this competitive market, what do you do if you want to reach consumers to tell them that your product is an alternative to the leading brand?

More than likely you use keyword marketing to make sure your advertisement appears whenever someone does an internet search for the leading brand. Keyword marketing is just one of the ways in which the internet has created new opportunities for advertising. However, it has also brought new legal challenges.

Advertisers, search engines and brand owners all need to consider just how far the limits of trademark law can be pushed where keyword marketing using trademarks is concerned. A recent case before the European Court of Justice gives useful guidance on the subject, but leaves open as many questions as it answers.

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