Google has not infringed rights by allowing advertisers to buy keywords that match trademarks

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Google has not infringed rights by allowing advertisers to buy keywords that match trademarks

The general counsel of the Court of Justice of the European Union (TUE), Miguel Poiares Maduro, ruled today that the Internet search engine Google has not violated trademark rights by allowing advertisers to buy keywords that match registered trademarks. The ruling refers to a complaint filed in France against Google by various brand owners, including Louis Vuitton, for the use of keywords that matched brands in the US  Singapore Mobile Database search engine’s AdWorks advertising system. The complainants confirmed that when they entered certain brands into Google’s search engine, advertisements from websites that sold counterfeit versions of the products designated by the brand or identical or similar products from competing companies were displayed on the screen. The French justice raised the case before the TEU. Singapore Mobile Database

In his findings, the General Counsel proposes a finding that Google has not violated trademark law by allowing advertisers to select keywords that match the trademarks in AdWords. The opinion highlights that the use of brands has not gone beyond the selection of keywords, which is an internal procedure of AdWords and only concerns Google and advertisers. When keywords are selected, therefore no product or service is sold to the general public. Similarly, advertisers themselves do not violate trademark law by selecting keywords in AdWords that match the brands, the ruling notes. Instead, the general counsel considers that, by displaying advertisements in response to keywords that match brands, Google establishes a link between those keywords and the advertised websites, where identical or similar products are sold those designated by the brands.

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However, this link does not constitute a violation of trademark law either. The mere fact that a list of relevant websites appears on the screen in response to keywords is not sufficient to establish the existence of a risk of confusion on the part of consumers as to the origin of the products or services. In this sense, the opinion recalls that trademark rights Brother Cell Phone List cannot be interpreted as classical property rights that allow the trademark owner to exclude any other use. Consequently, Internet users’ access to information related to a trademark should not be limited to or limited by the trademark owner, not even in the case of reputable trademarks. The opinion of the Advocate General is not binding on the Court of Justice. Its function is to propose, with absolute independence, a legal solution to the matter it deals with. The judges now begin their deliberations on this matter and the sentence will be handed down at a later time.

 

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