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23 January 2009

Confusion likely over landmark German keywords decisions

The German Federal Supreme Court has referred a fundamental question to the ECJ in its eagerly awaited decisions on three landmark Google AdWords cases.

16 February 2012

Advocate general addresses the issue of jurisdiction in keyword cases

In a busy day in Luxembourg, two advocate general opinions have been handed down, with one specifically tackling the difficulties posed by the national territorial nature of a trademark “and the potentially ubiquitous nature of an infringement committed in another member state via the internet”.

23 September 2011

Use of trademark as keyword allowed - under certain conditions

In the long-awaited Bananabay decision, the German Federal Supreme Court has held that use of a trademark as an AdWord is not prohibited under the German Trademark Act as long as certain conditions are met. One of the conditions is that the advertisement generated by the AdWord search must be clearly designated as an advertisement and separated from the natural search results.

30 March 2011

Ninth Circuit clarifies test for keyword advertising cases

In Network Automation Inc v Advanced Systems Concepts Inc, the US Court of Appeals for the Ninth Circuit has held that, in the internet context, the well-known Sleekcraft likelihood of confusion factors needed to be applied in a flexible manner, focusing on the overall impression created by the use of the trademark in the context of the search results page and the sophistication of the internet user.

15 December 2010

Verizon, HP and RadioShack take on Apple in new keywords war

While disputes over Google's AdWords policy rage on, Verizon, HP and RadioShack each appear to have paid Twitter to promote their messages whenever a user searches for the term 'Apple'. Is Twitter set to become the new trademark battleground?

10 April 2012

New life breathed into Rosetta Stone keywords dispute

With Google still digesting last week’s Full Federal Court’s decision on sponsored links, the US Court of Appeals for the Fourth Circuit has effectively revived Rosetta Stone’s dispute with the search engine giant.

15 April 2008

Motions to strike claim dismissed in keyword advertising case

In Klein v Klalit Medical Fund Ltd, the Tel Aviv District Court has dismissed the defendants' motion to strike the plaintiff's complaint in limine on the grounds of lack of privity and lack of cause of action. Among other things, the court held that the defendants could not rely on an earlier decision involving two of the parties as res judicata.

28 November 2007

Use of keyword through AdWords program constitutes unfair trade practice

The Specialized Division of the Milan Court has issued its decision in the case opposing Multiutility SpA and Key21 Trading Company SpA. The court held that use of Key21's domain name in conjunction with Google's AdWords program did not constitute trademark infringement under Article 20 of the Intellectual Property Code, but represented an unfair trade practice under Article 2598 of the Civil Code.

07 April 2009

US appeals court rescues keywords case against Google

A US appeals court has dealt a blow to Google's besieged AdWords programme by overturning an earlier dismissal of a trademark infringement lawsuit brought against the search engine by computer breakdown support company Rescuecom Corp.

06 May 2009

Landmark US keyword case back on track

A US appeals court has dealt a blow to Google’s controversial AdWords system by overturning an earlier dismissal of a trademark infringement lawsuit brought against the search engine by computer breakdown support company Rescuecom Corp.

23 February 2011

Nearly $300,000 awarded to plaintiff in keyword case against competitor

In Binder v Disability Group Inc, the US District Court for the Central District of California has held that the use of the plaintiff’s registered trademark by a competitor to trigger advertisements linking to the competitor’s website constituted trademark infringement, false advertising and unfair competition. The court awarded $292,000 in damages to the plaintiff.

02 April 2013

Sponsored links: has the Supreme Court finally ended the debate on keywords?

In Cobrason v Home Ciné Solutions, the Supreme Court has overturned a decision of the Paris Court of Appeal in which the latter had found that Google and AdWords advertiser Home Ciné Solutions were liable for unfair competition and misleading advertising. The decision has allowed the Supreme Court to reaffirm and clarify its position on the issue of sponsored links.

01 November 2012

Adversaries become partners as Google and Rosetta Stone end keywords dispute

Rosetta Stone Inc and Google have jointly announced an agreement to dismiss the three-year old trademark infringement lawsuit between the two parties, pointing to a future in which they will “meaningfully collaborate to combat online ads for counterfeit goods and prevent the misuse and abuse of trademarks on the internet”. While little is known on the exact form this collaboration will take, could their plans to improve detection methods benefit all brand owners?

01 May 2015

United Kingdom: Courts and OHIM stay ahead of the curve

Locke Lord Assessing the latest developments in keyword advertising and the enforcement of unregistered rights online

01 January 2018

Turkey: Search engines yield mixed results on liability

Search engines offer wide-reaching advertising opportunities, but the law is patchy on where liability for use of metatags and keywords falls in a trademark infringement suit.