*Paid Inclusions on Google Product Search?

Searchengineland.com has reported that Google has been testing Paid Inclusions (= Keyword Buying = advertisement inside the list of organic search results = ads not sufficiently separated from organic results) and provided a screenshot as proof thereof. Please note the small “AD” buttons next to the first three search results. [Special thanks to Stefan Kauf of kamjomi for this information]

Red circles added by austrotrabant

Expanded view of screenshot above. Red cicles added by austrotrabant

I think that Google should be very, very careful doing so, as the Austrian OGH in Case C-278/08 (BergSpechte) as well as the Dutch “Hoge Raad de Nederlanden” in Case C-558/08 (Primakabin) are already considering the currently layout (where ads above the search results are displayed on a yellow-brown background and labelled as Sponsored links in the lower right corner) to display ads “inside the search results” to constitute a case of Paid Placement while Google attorneys have always claimed that Google clearly separates “organic” search results and “paid” advertisement. Thus personally I’d be very surprised to see Google attempting such a move before the ECJ has rendered a decision on the pending keyword advertising cases.

4 Responses to “*Paid Inclusions on Google Product Search?”

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1 Martin Husovec 30/12/2009 at 15:37

Thanks for mentioning those cases (didn´t know about them). So they are already four pending before ECJ? Luis Vuitton C-236/08, Interflora C-323/09, BergSpechte C-278/08, Portakabin C-558/08. I mean is there any another one?

Btw did you already acquired that paper on eBay Belgium v The Polo/Lauren Company?

I am suprised that Google decided to take up this way. It´ll have adverse far-reaching implications..