Insights on Electronic Commerce Directive

AdWords, Electronic Commerce Directive, European Union, fair trade practices, Google, keyword advertising, service provider liability, trademark, unfair competition

European Court Hands Google a Keyword Victory but Warns Online Advertisers

By W. Scott Blackmer on March 26, 2010

The European Court of Justice rules that Google is not liable for automated keyword advertising based on brand names. Advertisers, however, may be liable under trademark and fair competition laws if the ads misleadingly suggest that they link to the trademark owner.