In the current article by attorney Jacqueline Bichler and associate Christopher Falke, the topic is "Dynamic Search Ads" and the associated legal challenges. The article addresses the question of whether the use of automated algorithms in ads can result in trademark infringements. The Supreme Court (OGH) has determined that dynamic search ads can impair the origin function of trademarks and thus constitute a violation of trademark law. Furthermore, the liability of the client for such legal infringements is discussed. The authors conclude that advertisers cannot escape liability by relying on the passivity or ignorance of the functioning of search engine marketing tools. Here is the link to the full article (German only): ÖBl 3/2023
