Reading Google’s explanation of its policy change in more detail again I stumbled across following line:
“Google will no longer prevent advertisers from selecting a third party’s trademark as a keyword. [ok, we knew that] However, in response to a complaint made under our European policy, we will do a limited investigation as to whether a keyword in combination with particular ad text is confusing as to the origin of the advertised goods and services. [fine too] Under this policy, [the investigation of the text?] we will permit certain ads, provided that they are not confusing as described above. Some examples include, but are not limited to, the following:
- ads using a trademarked term in a descriptive or generic way, such as not in reference to the term as a trademark
- ads for competing products or services
- ads for informational sites about a product or service corresponding to the trademark
- ads for resale of the trademarked goods or services
- ads for the sale of components, replacement parts, or compatible products corresponding to a trademark”
So… does that mean that also the display of the TM in the text of the ad is permitted under the circumstances of Art 6 and ART 7 of the ECD?
So what would be the difference between the European and the U.S. Trademark Policy then?
So many interesting questions, so little time! I start getting tired of changing/updating my blog post about this policy change while I should be proofreading the chapter on law of unfair competition on my thesis… 😉
Answers highly appreciated!
UPDATE: Looks like the answer to my first question is affirmative. Eric Goldman apparently had the same idea.