Jason Sneed was quoted in an E-Commerce Times article discussing a Google victory in EU court related to the way it sells keywords to advertisers. Despite the EU ruling, though, Sneed notes that it will be up to the national courts to decide whether the company’s sale of keywords violates the pertinent laws there. “I think it is going to be hard for Google to continue to avoid a decision that is adverse to it on this issue of whether its keyword suggestion tool in particular constitutes the improper use of someone’s trademark,” he said.
Sneed pointed out that Google’s keyword suggestion tool could prove problematic in terms of neutrality standards, and could lead a court to rule that it encourages companies to use competitor’s trademarks in advertising.