AdWords: A New Chapter?

Google is rumoured to shortly start incorporating buy buttons within its paid-for mobile adverts, with a click of the button taking shoppers to a new Google store webpage. In Google v France it was established that Google was afforded a defence under Article 14 of the E-Commerce Directive because its search engine function was merely technical, automatic and passive. However, it is clear that this move will increase Google’s role and align the tech giant more with the likes of Amazon. It remains to be seen whether their liability in IP infringement matters is affected as a result, including how this platform will fall within the remit of Lush v Amazon and Interflora v M&S. For example, the introduction of a one-click Google buy button where purchases could be made on the search page itself would require very clear keyword advertising to avoid consumer confusion. This announcement provides a glimpse of the ever-developing areas that the Intellectual Property offices and courts will need to consider in the future. It also illustrates the continued convergence of technology providers, as seen in cases such as YouView and Skype.

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