*Keyword Advertising vs. Keyword Buying

Displaying advertisement, which is identifiable as such on the result pages of search engines are commonly referred to as “Keyword Advertising“. Displaying advertisement in such a way users perceive them search results is considered to be “Keyword Buying“**.[at least about a year ago; now the wikipedia.org-entry apparently has disappeared]

When reading the references of the four national courts (for a list of the cases, please refer to my Legal-Links Tab) which have asked the ECJ for a preliminary ruling I’ve noticed that the Austrian as well as the Dutch court are actually seeing advertisement displayed above the search results as (Top-Ad) as part of the search results and thus Keyword Buying! So when talking about the likeliness of confusion this is something to be considered.

Still, all four courts agree that advertisement displayed beside the (organic) search results (Side-Ads) are to be seen as advertisement beside the list of search results. None of the references actually deals with a case where the advertisement actually contained a (competitor’s) sign. (Adv-)

** Thiele, RdW 2001, 454; Hüsch, Keyword Advertising und Keyword Buying (2005) 20.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

This Satelite Doesn’t Beep But It ‘Tweets’

Please click here if you want to follow this blog on Twitter.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 94 other followers

Author’s Rights


Stopline.at - Online reporting hotline for child pornography and nationalsocialist content on the internet
JuraBlogs - Die Welt juristischer Blogs

Previous Posts:

RSS Goldman’s Tech & Marketing Blog

  • An error has occurred; the feed is probably down. Try again later.

RSS Class 46 Blog

  • An error has occurred; the feed is probably down. Try again later.

RSS WIRED Epicenter

  • An error has occurred; the feed is probably down. Try again later.
wordpress stat

<span>%d</span> bloggers like this: