Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Monday, February 11, 2013

Google wins High Court case

The battle between Google and the ACCC over Google's AdWords service is over. The High Court unanimously held that Google did not engage in misleading and deceptive conduct by displaying advertisements in the form of 'sponsored links'.

How does it affect you?
  • You are still responsible for the content of your own advertisements, whether on- or off-line. 
  • In-house counsel should monitor any use of competitors' trade marks, including as AdWords, and make marketing departments and external ad agencies aware of the boundaries of lawful use. 
  • For companies that facilitate the publication or dissemination of information, whether over the internet or otherwise, this decision provides some reassurance as to the level of responsibility for third-party advertising and other content. 
  • Companies should continue to take care with information disseminated to the public over internet platforms, Facebook or Twitter, whether posted by themselves or others, and take prompt action once complaints are received.
Partner Carolyn Oddie and Special Counsel Rebecca Sadleir have written a full analysis of the decision.

No comments:

Post a Comment