LIABILITY FOR ADVERTISER AND INTERNET SEARCH ENGINE SERVICE PROVIDER: A CASE STUDY OF GOOGLE ADWORDS

Abstract

At the age of technology, people tend to search for hotel to stay on vacation on an internet search engine more often than looking it up in the guide book and search for plumber on a search engine more often than looking it up in the yellow pages like in the past. Once consumer behavior changes, the business operator and advertiser have to chase. Search engine operators came up with an idea to sell an advertisement on its pages. Once an internet user searches for any keyword, e.g. coffee shop, the advertisements of certain coffee shops who purchased such keyword will appear on the search engine page result alongside the natural search results.

            However, since the dominant search engine, Google, began offering trademarks for use as keywords on an unrestricted basis, trademark proprietors responded to Google by filing more than one hundred claims throughout the world, especially in the United States and European. Courts have varied in their approach to the case. It is argued whether search engine operators are entitle to sell the keyword or not, whether it should be liable for trademark infringement, any other laws, if the use of trademark as keyword causes confusion in the origin of products or services, or if it is misleading the consumer that products offered by advertiser are related to proprietor’s products.

            Although no cases of liability of search engine service providers have not been brought before Thai Court, the study of law in foreign countries will provide an important lesson for Thailand.