*Integration of videos into text ads might alter users’ perception of Keyword Advertising

Picture_2This alteration of the Google Adwords text-ad scheme seems to be a logic consequence of ongoing technological improvements. However, the function seems currently to be limited to US users.

Below in the (Top-)ad text a button called “video plus box” is situated, which will trigger the display of a video. According to Jeremy Scott of ReelSEO the advertiser gets charged “if the user either watches 10 seconds of the video or clicks through to the destination site”.

Picture 3


Looking at it from the law perspective, I wonder what changes such a move will bring for the legal analysis of this issue:

FORMAL: Previously only search results included videos, so from that perspective ads and search results are moving a bit closer together. On the other hand side the “distinctive colouring of the ad field” (yellow) will also be very well visible behind the video box. Although the Austrian Supreme Court argues that the distinctive colouring of the ad field is a way to highlight a certain section of the search results [sic!] users will, in my opinion,  most probably realise that there is a reason why even the background behind the video box is kept in the same colour as the text ad above.

CONTENT-WISE: I wonder if people are more likely to believe that a video which uses a good/service/trademark was actually created by the owner of that certain trademark. The effort for creating a text ad is minimal, but the effort for creating a video or animation is greater, so it seems like people would more likely expect the brand owner to be the creator of the video than e.g. a reseller or a competitor.

The BGH has expressed in PCB par. 22 et seq. that users are not aware of the link between a search term and the ads displayed on the SERP, so I wonder if including more “sophisticated” content in the ad will change this perception. I disagree with the view of the BGH which says that users DO know that there is some kind of connection between their search query and the ads displayed, but that they a: don’t care about this fact and b: also have learnt that these ads are usually not relevant for them and that’s why they simply skip them when using search engines. [More information about user’s perception of Keyword Advertising: Schubert/Ott, Schutz für die Werbefunktion einer Marke, MarkenR 2009, 338 (344)]

And as soon as users/consumers can mentally link the search term (trademark or sign similar to a trademark) to the ads displayed, it will become more likely that this use of the term by the advertiser will be seen as description of origin which might lead then directly to the application of Art 5 (1) of the Trademark Directive. [good read on this topic: Knaak, Keyword Advertising, GRUR Int. 2009, 551 (556)]

1 Response to “*Integration of videos into text ads might alter users’ perception of Keyword Advertising”

  1. 1 *Further integration of product pictures and maps into text ads « Austrotrabant’s Blog Trackback on 17/09/2009 at 09:20

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

%d bloggers like this: