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26 May 2004

Are the courts set to lock the door on keyword advertising?

Google announced last month that it would no longer grant requests from US and Canadian trademark owners to stop selling their trademarks as keywords that trigger advertising.

However, Carla Oakley of Morgan Lewis & Bockius LLP in San Francisco explains that keyword advertising litigation is far from over, as mark owners and courts in the United States and Europe continue

19 March 2009

Trademarks threatened by keywords decisions in European Union

The ECJ this week heard the arguments of Google and LVMH in a long-running battle over keywords, while the German Federal Supreme Court finally published its decision on a similar matter.

11 September 2007

The view onlineThe keyword advertising dilemma: an attempt at state regulation

As the federal courts are split over the legality of keyword advertising, one state has passed a law banning such practice. But the statute’s constitutionality and enforceability are questionable

02 April 2009

Keyword advertiser held liable for trademark infringement

In Onixxa v Skin’up, the Paris Court of First Instance has held that Skin’up had infringed Onixxa's trademark LYTESS by purchasing the term 'Lytess' as a keyword on Google’s AdWords system.

12 March 2009

Controversial keywords bill passed in the United States

A controversial bill which would allow mark owners to sue third parties that purchase search engine keywords has passed through the House of Representatives in the US state of Utah.

26 February 2008

Motion to dismiss denied in keyword advertising case

The Kentucky Eastern District Court has denied a motion to dismiss infringement and unfair competition claims under the Lanham Act in a case involving keyword advertising.

15 February 2016

Protection of trademarks against use as keyword is relative

A recent Court of Milan decision confirms that the protection of trademarks against third-party use as keywords is always relative, never absolute.

06 March 2009

US jury decision highlights inconsistent approach to keywords

A US jury has found that bidding on a registered third-party mark for use in keyword advertising does not constitute an infringement, a decision which conflicts with an earlier opinion from the same state

02 February 2011

Purchase of keywords held to constitute trademark use

In Finance Sélection v Capdevielle, the Court of Appeal of Paris has confirmed that the purchase of keywords constitutes trademark use in the course of trade and can also be unfair competition.

08 March 2011

Supreme Court rules on jurisdiction in keyword case

The Supreme Court found that the French court had jurisdiction over the case, which involved the sale of Louis Vuitton Malletier's trademarks as keywords.

25 April 2013

IP Court rules in favour of Google in keyword case

The Intellectual Property Court has ruled in favour of Google in a trademark infringement case involving the use of trademarks as keywords.

12 October 2009

Google sued by BharatMatrimony over use of marks as keywords

The Madras High Court has granted an interim injunction restraining Google from infringing Consim Info Private Limited's registered trademarks, including BHARATMATRIMONY.COM, by using them as keywords

14 April 2008

Use of trademark as keyword does not constitute trademark infringement

The Frankfurt am Main Court of Appeal has held that use by the defendant of the claimant's trademark as a keyword in Google's AdWords program did not amount to trademark infringement as there was

08 February 2005

French court clamps down on trademark keyword searches

The Tribunal de Grande Instance de Nanterre in France has held, in two separate cases, that it is illegal for search engine providers to permit advertisers to use trademarks as keywords to lure

27 April 2012

ECJ rules on appropriate jurisdiction in keywords cases

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH, the ECJ has held that an action for infringement of a trademark registered in one member state against an advertiser using a keyword identical