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.
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.
In MOST-Pralinen, the German Supreme Court has overruled a decision of the Braunschweig Court of Appeals and, in doing so, confirmed its case law on keyword advertising.
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
Inc and its subsidiary Overture Services Inc infringed and diluted its AMERICAN AIRLINES mark and other marks by selling them as advertising keywords.
In a case concerning 1-800-Contactsâ approach to curbing competitorsâ use of â1-800-Contactsâ as an online search keyword, the US Federal Trade Commission has weighed in for the first time on whether restricting
the use of trademark keywords is anti-competitive.
Google's recent policy change in the United States has led to an increase in the use of trademark terms as keywords by advertisers across the major search engines, according to new research.
Owing to several high-profile court cases against Google, keywords are a major bone of contention for trademark owners in the United States and Europe.
matched search terms entered by users to keywords bid
for by advertisers in order to display sponsored links, there was no use of
a trademark for the purposes of infringement.
The law regarding keyword advertising and whether it constitutes trademark infringement or passing off has been relatively undeveloped, and this decision addresses the issue of keyword advertising in greater
American Airlines alleges that Google is
illegally trading off its goodwill and reputation by selling keywords which
include trademarks owned by the airline.
The Federal Supreme Court has considered once again the issue of whether the purchasers of keywords via Googleâs AdWords programme can be held liable for trademark infringement.
Starting 23 April 2013, Google will no longer prevent advertisers from selecting a third partyâs trademark as a keyword in ads targeting China, Hong Kong, Macau, Taiwan, Australia, New Zealand, South Korea
The airline had
instituted proceedings against
Google, claiming that the search
engine had infringed its rights
by allowing competitors to
purchase American Airlinesâ
trademarks for use as keywords
Among other things, the ECJ found that the storage of signs identical to trademarks as keywords does not represent use of the marks in the course of trade.