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03 February 2005

Ad tied to search results is infringing, rules Dutch court

In Pretium Telecom v Yiggers Nederland, a court in The Hague has ruled that the defendant's use of the plaintiff's PRETIUM mark as a keyword triggering an advertisement for the defendant

The court noted that use of a mark as a keyword in itself is not infringing, it is only where an advertisement is linked to the keyword search that a violation occurs.

16 March 2009

Supreme Court refers questions to ECJ in keying case

In Portakabin Ltd v Primakabin, the Dutch Supreme Court has referred questions to the ECJ for a preliminary ruling in a case involving the use of the registered trademark PORTAKABIN as a keyword

Among other things, the court sought to know whether use of a trademark as a keyword qualifies as use as a trademark for products and/or services under the First Trademarks Directive.

07 January 2009

Internet issues

However, new practices, in particular keyword advertising and the liability of online auction platforms, still give rise to conflicting court decisions

04 May 2010

Google verdict to spark rise in trademark enforcement costs

The Court of Justice of the European Union (ECJ) has found that Google’s use of trademark terms as keywords does not constitute infringement, but noted that the advertiser’s use likely will – a decision

21 April 2005

Google's AdWords appeal rejected

decision against Google France in relation to its AdWords program, which allows parties to place sponsored links on the Google search results page when internet users make searches using certain keywords

The court held that by allowing parties to link their advertisements to keywords relating to their competitors' trademarks, Google had itself infringed those marks.

01 November 2011

Talking point: Interflora v Marks & Spencer

While the Interflora v Marks & Spencer plc ruling in some respects goes further than other decisions on the use of keywords, it also seems a natural progression from earlier case law.

13 July 2017

‘Michaeled’ bags, ‘Okly’ sunglasses; how counterfeiters are using "brand codewords" to get around marketplace filters

Sellers of counterfeits and imitation products on various online marketplaces are adopting brand-based keywords to avoid being caught by search filters implemented to identify and remove listings for fake

While the use of keywords is an extra hurdle that brand owners must overcome when enforcing against counterfeits, it also demonstrates the extra effort that sellers must now go to due to additional rights

07 July 2016

Supreme Court of Appeal upholds ruling in Africa’s first AdWords case

South Africa’s Supreme Court of Appeal has upheld a High Court ruling that bidding on a competitor’s trademark as a keyword, without more, is not passing off.

01 December 2008

Chinese practitioners rally against Baidu

A consortium of lawyers in China looks set to file a mass complaint against the country's leading search engine, Baidu, based on the website's keyword-selling policy.

23 March 2010

Google: the cost of online trademark protection will skyrocket

Trademark owners' costs have just shot through the roof, with the judgment of the Court of Justice of the European Union in the joined Google keywords cases placing a heavy strain on mark holders' budgets

16 February 2011

Trademarks give Microsoft a smash-and-grab shot at Google search revenue

Microsoft’s in-house counsel are tight-lipped regarding Bing’s position on trademark use in keyword ads.

But now Microsoft has announced that Bing is to adopt a Google-like trademark policy: advertisers on ‘Bingle’ will be able to purchase keywords relating to trademark terms.

30 September 2011

Interflora: sweet smell of success or muted victory for trademark owners?

In Interflora Inc v Marks & Spencer Plc, the ECJ has provided some clarification on the scope of trademark protection where a competitor uses a registered trademark as a keyword.

24 April 2008

Google revises trademark policy in UK and Ireland

From May 5 2008 Google will no longer review signs or symbols which are keyword triggers and correspond to a third party's alleged trademark.

05 January 2011

Internet issues (other than domain names)

The Google AdWords service and keywords in general are a current hot topic in the internet domain.

04 May 2011

Interflora case splits opinion

The latest advocate general opinion on keyword advertising has recently been issued in Interflora Inc v Marks & Spencer plc (Case C-323/09), a reference for a preliminary ruling by the High Court