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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.

01 March 2013

Supreme Court confirms case law on keyword advertising

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.

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

19 November 2008

for use of trademarks as keywords

Inc and its subsidiary Overture Services Inc infringed and diluted its AMERICAN AIRLINES mark and other marks by selling them as advertising keywords.

18 January 2019

Restricting keyword advertising can be anti-competitive, holds the FTC

In a case concerning 1-800-Contacts’ approach to curbing competitors’ use of “1-800-Contacts” 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.

27 July 2009

Google keyword policy change leads to surge in trademark use

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.

21 July 2010

Chinese search giant sells keywords to fake pharma

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.

26 March 2008

Keywords debate spiced up by High Court decision

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.

11 September 2015

Court finds that keyword advertising does not constitute passing off

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

08 October 2007

Google faces another trademark keyword ads lawsuit

American Airlines alleges that Google is illegally trading off its goodwill and reputation by selling keywords which include trademarks owned by the airline.

04 April 2014

Federal Supreme Court follows Interflora in keyword case

The Federal Supreme Court has considered once again the issue of whether the purchasers of keywords via Google’s AdWords programme can be held liable for trademark infringement.

21 March 2013

One trademark policy for all as Google announces keyword changes

Starting 23 April 2013, Google will no longer prevent advertisers from selecting a third party’s trademark as a keyword in ads targeting China, Hong Kong, Macau, Taiwan, Australia, New Zealand, South Korea

04 September 2008

American Airlines and Google settle US keyword dispute

The airline had instituted proceedings against Google, claiming that the search engine had infringed its rights by allowing competitors to purchase American Airlines’ trademarks for use as keywords

01 April 2010

Google's use of trademarks as keywords does not constitute infringement

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.