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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll