Restrictions for Google advertising

Google allows it, but the European Court is advised to ban the possibility to advertise on brand names of competitors in the search engine. Last week Advocate General Niilo Jääskinen advised the European Court in Luxembourg to forbid deceptive Adwords advertising. In his advise to the court he suggested to ban advertising with brand names like keyword when the link between the brand and the advertiser is unclear.

The issue has now emerged because of a lawsuit at the highest European level between Interflora and Marks & Spencer. If an English Google user types the word 'Interflora', he does not only get Adwords advertising from Interflora itself but also from Marks & Spencer and Asda. Although Google allows this practice in its general conditions, Interflora wants the European Court to look at this matter again.

A similar case ran untill 2010. The French fashion group LVMH, known for brands like Louis Vuitton, Moet and Hennessy, sued Google for trademark infringement. Competitors made commercials with brandnames of LVMH as keyword and advertisement text. That was allowed according to the European court. The current lawsuit however is not between brand and advertiser, but between two advertisers.

Following the trial of LVMH Google adapted the terms of use of Adwords. Belgian advertisers, and companies elsewhere in Europe are allowed since early September 2010 to advertise with the brandnames of competitors. How long this will be allowed is now unclear.

Source: Emerce