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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

01 May 2007

Legality of online trademark keyword ads still in question

Two recent developments highlight that the use of marks to generate online keyword ads remains controversial.

In March the State of Utah implemented a statute designed to ban the use of marks to trigger keyword ads displayed to internet users within the state.

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.

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 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.

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.

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.

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

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.

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

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

04 February 2016

Keyword advertising in the European Union

This chapter provides an overview of the relevant European jurisprudence, before examining the attempts of courts in the United Kingdom and Germany to interpret that guidance within a national context.

19 October 2009

eBay's use of LVMH's marks as keywords is infringing, says court

In LVMH Group v eBay Inc, the Paris Court of First Instance has held that eBay was liable for trademark infringement for using trademarks owned by the LVMH Group as keywords to trigger sponsored

Among other things, the court held that eBay's use of the marks as keywords constituted a promotional strategy to attract internet users to its auction sites.