Liability for advertiser and internet search engine service provider: a case study of Google Adwords

At the age of technology, people tend to search for hotel to stay on vacation in an internet search engine more than look up in the guide book and search for plumber in search engine more than look up in the yellow pages book like it was in the past. Once the consumer behavior changes, the business operator and advertiser have to chase. Search engine operator comes 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 purchase such keyword will appear on the search engine page result alongside with natural search result. However, since dominant search engine, Google, began offering trademark for use as keywords on an unrestricted basis, many trademark proprietor responded Google by filing more than hundred claim in several countries all over the world, especially in the United States and European Union. Court have vary in their approaches applied to the case. It is argued whether search engine operator is entitle to sell the keyword or not, whether is should be liable for trademark infringement or any other laws or not if the use of trademark as keyword causes confusion in origin of products or services, or misleading consumer that products offered by advertiser are related to proprietor’s products. Even though, in Thailand, the cases of liability of search engine service provider have not been brought before Thai Court, study the law in foreign countries will provide the lesson for Thailand.