Metatags and Google AdWords
Produced in partnership with Penningtons Manches Cooper

The following IP practice note produced in partnership with Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • Metatags and Google AdWords
  • Terminology
  • How the problem of infringement arises
  • The relevant legislation
  • Guidance for those selling and buying keywords for online advertising
  • Liability of search engines and online marketplaces
  • Liability of advertisers
  • Google Ads Policy
  • In practice

Metatags and Google AdWords

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: What does IP completion day mean for intellectual property?

The use of metatags and keyword advertising is legal, but has led to litigation where website owners have used the trade marks of competitors as keywords to divert web traffic to their own sites. The competitor’s trade mark is not normally visible in the advert or on the advertiser’s site, but the advert or the weblink is displayed when an internet user types the competitor’s trade mark as a search term. The main question is

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