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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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