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Google Ogles More Permissive Ad Policy

By Douglas Wolf

The announcement in April by Google to revisit its Adwords trademark policy has already resulted in trademark litigation against the search engine giant in several countries. The decision by Google to allow third-party advertisers to purchase the rights to any keyword, even if those keywords are trademarks held by another, has become a hot topic for brand owners fearful of the potential business consequences.

Previously, Google would not allow these third parties to purchase trademarked keywords unless they had permission from the trademark owner. A trademark owner, such as Acme Company, could prevent others from buying the term “Acme” and being highly ranked on Google's “Sponsored Links” list ' a list along the right hand of its search results page. Under Google's new policy, advertisers are allowed to purchase “Acme” or other trademarked names, as long as the advertisement text presented in the “Sponsored Links” area does not confuse consumers.

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