Google not liable for sponsored links

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 […]

Google v ACCC

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.

Google’s keywords advertising

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 […]

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

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 […]

Google’s sale of keywords could be trade mark use

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. […]