Google avoids liability for keyword advertising

Google avoids liability for keyword advertising

Jack Greiner, attorney for Graydon

A dispute between Google and Edible IP, LLC, the makers of “Edible Arrangements” demonstrates again that Google’s keyword advertising program does not violate the rights of trademark owners. 

Edible’s efforts to stop Google from using its name recently resulted in the Georgia Supreme Court affirming a grant of a motion to dismiss in favor of Google.   

Google’s keyword advertising program is relatively simple.  Google sells search terms to the highest bidders.  Google then arranges for the keywords to trigger advertisements to appear on the search page when Google users search for the keyword term.  Because Google sells the search terms to the highest bidder, anyone – even competitors – can acquire the keyword.  So, for example, law firm X could purchase “Graydon” such that every time a Google user searched for “Graydon,” law firm X’s ad would show up on the results page.

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