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10 September 2013

Contributory infringement and vicarious liability in keyword cases: guidance from Tenth Circuit

In 1-800 Contacts Inc v Inc, the US Court of Appeals for the Tenth Circuit has not only addressed the extent to which purchases of keywords as triggers for paid advertising can constitute

04 May 2010

Searching for legal resolution – how keywords stayed high on the court agenda in 2009

One of the most hotly debated topics in European trademark law over the past few years has been the question of whether the unauthorized use of a trademark as a keyword within a paid online referencing

21 September 2010

s keyword squashing mean trademark owners pay more?

s chief economist has revealed that the company's search engine injects more competition into a keywords auction by "handicapping" bidders who are more likely to win.

28 March 2011

Mixed bouquet for M&S as AG gives opinion on keyword advertising

In Interflora Inc v Marks & Spencer plc, the advocate general has stated that advertisers should be able to "bid" on competitors' famous trademarks in search engine keyword advertising in order

04 November 2014

Court considers for the first time whether bidding on competitor's mark as keyword is unlawful

In Cochrane Steel Products v M-Systems Group, the Gauteng High Court has brought much-needed clarity to the legal position surrounding the practice of bidding on competitors’ trademarks as keywords

24 January 2011

Supreme Court refers questions to ECJ on jurisdiction in keyword cases

The Supreme Court has referred questions to the ECJ for a preliminary ruling in a case involving the use of the Austrian trademark WINTERSTEIGER as a keyword by a German advertiser on a German search engine

06 September 2013

District Court overturns lower court's decision on use of personal name as keyword

Overturning the Tel Aviv Magistrate Court's decision, the District Court has ruled that Proportzia was entitled to use the name of the plaintiff, Dr Klein, as a keyword in Google's AdWords service, provided

25 March 2014

High Court issues first decision on use of third-party trademarks as keywords

In Intercity Group (NZ) Limited v Nakedbus NZ Limited, the High Court has held that Nakedbus had not infringed Intercity’s trademark INTERCITY when it purchased the keyword ‘inter city’ via Google

04 March 2011

Trademark analysis held to be irrelevant in keyword case

In Private Career Training Institutions Agency v Vancouver Career College (Burnaby) Inc, the Court of Appeal for British Columbia has refused to grant an injunction preventing the respondent from using the names of competitors in its internet advertising. Among other things, the court stated that cases dealing with 'confusion' in the trademark context were of no assistance in this case.

16 February 2010

LVMH prevails against eBay in latest keywords spat

Luxury brand owner LVMH has won a case in France against eBay concerning common misspellings of the LOUIS VUITTON trademark.

27 March 2008

Use of mark in keyword ad held to cause initial interest confusion

In Storus Corp v Aroa Marketing Inc, a federal district court has granted summary judgment to Storus Corp on the grounds that Aroa Marketing Inc's use of Storus's trademark in a keyword

22 March 2010

Europe expects clarification on Google keywords issue

Practitioners are awaiting the decision of the Court of Justice of the European Union on whether Google's business model of selling adverts based on trademark terms constitutes infringement.

06 April 2010

Another keywords decision is issued - but this time Google is not a party

In Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Guni, a reference for a preliminary ruling from the Oberster Gerichtshof (Austria), the ECJ has considered more questions relating to Google's AdWords. The ECJ's position was unsurprising in light of its ruling in Google, which was issued only two days earlier.

07 September 2010

Supreme Court rules in favour of Google in keyword case

Following a decision of the ECJ in March of this year, the French Supreme Court has ruled, in four cases, that Google’s AdWords system did not infringe the trademarks of plaintiffs Louis Vuitton, CNRRH, GIFAM and Viaticum. The decisions confirm that Google will be held liable for trademark infringement only if it was aware of the illegal character of the data stored and failed to take action.

13 May 2009

Google hit with class action suit over keywords

Having staved off a major action last year, filed by American Airlines in the US District Court for the Northern District of Texas, Google is now facing a putative class action in the eastern district court brought on behalf of all Texas mark owners.