Google recently announced that it would no longer investigate complaints that advertisers used third-party trademarks as keywords for AdWords advertisements in 190 new countries. This shift in policy brings Google’s international advertising services inline with U.S. AdWords practices.
Google’s decision follows on the heels of a related shift in the Second Circuit. In Rescuecom Corp. v. Google Inc., the Second Circuit overturned earlier district court cases and ruled that trademark owners can bring claims against Google for trademark infringement, based on Google’s sale of their trademarks as keywords to trigger advertisements.
Pattishall trademark attorney Phil Barengolts recently posted his thoughts on the Rescuecom decision. Mr. Barengolts also addressed the Cyberlaw and Data Privacy Committee of the Chicago Bar Association on Sponsored Internet Advertisement in Light of Rescuecom: a Modern Notion of Trademark “Use”.