Posts Tagged ‘sponsored links’

Google not liable for sponsored links

Wednesday, February 6th, 2013

The High Court has unanimously allowed Google’s appeal from the Full Federal Court’s ruling that Google was liable for misleading or deceptive statements in sponsored links.

According to the Court’s summary (pdf):

The High Court unanimously allowed the appeal. Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users of the Google search engine would have understood that the representations conveyed by the sponsored links were those of the advertisers, and would not have concluded that Google adopted or endorsed the representations. Accordingly, Google did not engage in conduct that was misleading or deceptive.

French CJ, Crennan and Kiefel JJ delivered the principal judgment, Hayne J and Heydon J each delivered separate concurring opinions.

Google Inc v Australian Competition and Consumer Commission [2013] HCA 1

Not a bad way to start off the legal year!

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Google v ACCC

Tuesday, July 24th, 2012

Following on from yesterday’s post, @davidstarkoff points out that:

  • the transcript of the special leave application can be found here; and
  • in due course, the submissions will appear here.

The hearing of the appeal has been fixed for 11 September 2012.

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Google’s keywords advertising

Thursday, September 22nd, 2011

News just in:

Google’s placement of advertisements, generated through its AdWords program, on search results pages is not misleading or deceptive conduct contrary to s 52 TPA / s 18 ACL (I’m afraid you have to scroll down).  However, the advertiser’s use of another trader’s name in the headline for an advertisement which had nothing to do with that trade was.

So for example, the Trading Post used the AdWords program to generate an ad:

Kloster Ford

www.tradingpost.com.au New/Used Fords – Search 90,000 + auto ads online. Great finds daily!

The advertisements at the URL did not have anything to do with Kloster Ford or vehicles Kloster Ford was offering for sale.

The Trading Post therefore had engaged in misleading or deceptive conduct; Google did not.

Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086

 

 

357 paragraphs to read now (or a bit later)

Lid dip @wenhu

SMH report

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“All of a sudden we realized we were in the auction business.”

Tuesday, May 26th, 2009

The Annual Meeting of the American Economics Association tries to work out how Google works or how AdWords changed the world:

here

A tidbit:

During the question-and-answer period, a man wearing a camel-colored corduroy blazer raises his hand. “Let me understand this,” he begins, half skeptical, half unsure. “You say that an auction happens every time a search takes place? That would mean millions of times a day!”

Varian smiles. “Millions,” he says, “is actually quite an understatement.”

Lid dip @joshgans

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Google’s sale of keywords could be trade mark use

Tuesday, April 28th, 2009

Well, strictly speaking, the 2nd Circuit in the USA has held that Google’s sale of keywords may be use in commerce.

Rescuecom had sued Google for trademark infringement by selling advertisements (sponsored links) triggered by Rescuecom’s trademark. The District Court had dismissed the claim on the grounds that Google’s conduct was not use in commerce. So now it goes back to the District Court.

Of course, Google’s conduct, if were done in Australia or transacted with a business located in Australia, would be in trade or commerce for the purposes of the Trade Practices Act. In context, however, the nearest analogue under our law is whether or not the conduct might be “use as a trade mark” (in the sense of using the sign in the course of trade) for the purposes of s 120 of the Trade Marks Act.

Professor Goldman considers the ramifications under US law (and the distinguishing of WhenU) here.

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