EU Court Adviser: Google Can Sell Trademarked Keywords

Ceres · #1 (**permalink**) 09-23-2009, 01:30 PM

Although an official judgement has not yet been issued, it's worth noting that an adviser to the EU Court is of the opinion that:

Quote:

Google Inc. should be able to continue selling trademark-protected terms as “keywords” that link Internet searches and ads, a European Union court adviser said in a case involving LVMH Moet Hennessy Louis Vuitton SA.

Google doesn’t violate EU trademark law by allowing advertisers to choose protected words that trigger sponsored links for Internet searches, said Advocate General

Quote:

In effect, the mere display of relevant sites in response to keywords is not enough to establish a risk of confusion on the part of consumers as to the origin of goods or services

Source: Google Can Sell Trademarked Keywords, EU Adviser Says

From what I understand, the EU Court usually follows the opinion of EU Court advisers in about three-quarters of all cases.

I wonder how much influence any EU court decision/opinion has on Indian court cases? As mentioned here, Google is also currently being sued by an Indian company that alleges trademark infringement stemming from the Google AdWords Program.

Mitsu · #2 (**permalink**) 09-23-2009, 06:15 PM

We are sure that same will bring to the notice of the court by Google in Bharat Matrimony case.

Ceres · #3 (**permalink**) 04-08-2010, 03:02 AM

Update. Official judgement has been released:

European Court of Justice Rules in Favour of Google Adwords Program

Quote:

...the ECJ held in favour of Google ruling that its sale of trademarks as keywords under its lucrative Adwords program is not violative of the right of the trademark owners.