Google Under Fire For U-Turn Over Trade Marks

by Glen Shapiro, LawAndTax-News.com, New York

26 April 2004

Internet search firm, Google created uproar when it announced last week that it will no longer screen for trade marks when advertisers select keywords for its AdWords service.

This effectively means that companies may buy their rivals' trade marks as keywords, potentially leaving Google open to damaging trademark infringement cases.

Speaking with regard to the move, which represents a complete turnaround on the firm's previous position on the issue, Google's senior trade mark counsel, Rose Hagen explained that:

"We've concluded that internet users aren't likely to be confused when they see ads and search results." However, she stressed that the policy change will only affect companies based in the United States and Canada, and will only relate to keywords, which are not seen by end-users of the Google search service.

She went on to add that:

"Trade mark law does not prevent every use of a trade marked word. There are exceptions for fair use or comparative advertising, for instance. The standard here is likelihood of confusion, and we don't believe that this will create confusion."

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