header-logo header-logo

25 September 2009
Issue: 7386 / Categories: Legal News , Media , Intellectual property
printer mail-detail

Google favoured in trademark dispute

Google has received encouraging news in its long-running legal battle over whether its AdWords service infringes trademark rights.

Google has received encouraging news in its long-running legal battle over whether its AdWords service infringes trademark rights.

The AdWords service allows advertisers to purchase the right to have their advert displayed when certain keywords are typed into the Google search engine.

Louis Vuitton complained that adverts for counterfeit items popped up when internet users searched for the company, which infringed their trademark rights.

The resulting case was referred to the European Court of Justice.
Delivering his opinion in the joined cases of C-236/08, C-237/08 and C- 238/08, Advocate General Poiares Maduro said Google did not infringe anyone’s trademark rights by selling keywords corresponding to those trademarks.

An advocate general’s opinion is not legally binding on the court, but is usually followed.

Maduro said: “The question, as put to the court, is whether the use of a keyword which corresponds to a trade mark can, in itself, be regarded as a use of that trade mark which is subject to the consent of its proprietor.”

On whether an infringement had taken place, he said: “Trade mark proprietors have no legal problem in tackling counterfeit sites, as such sites are clearly involved in trade mark infringements; however, the practical difficulties of doing so should not be ignored.”

 

Issue: 7386 / Categories: Legal News , Media , Intellectual property
printer mail-details

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll