Friday, February 10, 2012

European Court Rules For Google In Trademark Case

March 23, 2010

The European Union's highest court ruled Tuesday that Google is not infringing trademarks by allowing advertisers to bid for keywords corresponding to their competitors' trademarks.

"Google has not infringed trademark law by allowing advertisers to purchase keywords corresponding to their competitors' trade marks," the European Court of Justice said in a statement. However, it also warned that advertisers "cannot, by using such keywords, arrange for Google to display ads which do not allow Internet users easily to establish from which undertaking the goods or services covered by the ad in question originate."

The case stems from a trademark infringement suit filed against Google in France by luxury designer Louis Vuitton. Google brought the case to the EU court after losses in the French court system.

"Some companies want to limit choice for users by extending trademark law to encompass the use of keywords in online advertising," Google Senior Litigation Counsel Harjinder S. Obhi said in a blog post Tuesday. "Today, the court confirmed that Google has not infringed trademark law by allowing advertisers to bid for keywords corresponding to their competitors' trademarks."

Obhi added that the court also said that "European law that protects Internet hosting services applies to Google's AdWords advertising system. This is important because it is a fundamental principle behind the free flow of information over the Internet."

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Juliana Gruenwald

Tech Writer

E-Mail: jgruenwald@nationaljournal.com.


Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


Josh Smith

Tech Reporter

E-Mail: joshsmith@nationaljournal.com.


Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.