This is just a very brief update on the question who in future will be able to file a trademark complaint with Google, following the use of a third party ad in the text of an AdWords ad. Adam Smith has reported on the WTR blog that only advertisers are allowed/able to file a complaint. I reported about this fact a couple of days ago.
Stephan Ott of Links&Law has so kind to point out to me that at least the German version of the policy update speakes about “Markeninhaber oder deren bevollmächtigten Vertreter“. So the first thing I did in the morning was rechecking the English version of the policy update and also there is reads:
Will Google respond to trademark complaints in the affected regions?
Yes. With respect to those regions, trademark owners or their authorized agents will be able to complain about the selection of their trademark by a third party if they feel it leads to a specific ad text that confuses users as to the origin of the advertised goods and services. Google will then conduct a limited investigation, and if we find that the ad text does confuse users about the origin of the advertised goods and services, we will remove the ad.
As reported by Adam Smith Google has meanwhile corrected this mistake. The ‘Double France‘ editorial mistake
in the list of countries affected however remains.
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