Use of trademarked adword is an infringement

The Advocate General of the European Court of Justice (ECJ) has recently suggested that Marks and Spencer be found liable for trade mark infringement by using ‘Interflora’ as a Google AdWord.

This looks to be a good decision as the protection of IP is crucial in the digital age. Google were not held liable as the supplier of the AdWord but for those who use the AdWord service they will be aware that Google often recommends key additional words to improve the efficiency of a campaign. In this circumstance would Google be liable ?

An interesting next step will be to see to what extent Google and its AdWord clients will be held liable for advertising around illegal content.