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25 September 2009
Issue: 7386 / Categories: Legal News , Media , Intellectual property
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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
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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