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 Austria: OGH on Adwords

Austria's highest civil court, the OGH, issued a decision on adwords. According to the ruling the use of a trademarked term as keyword is illegal. No big surprise so far. But the court only said so with regard to an add that appeared above the search results. The court left open the question if there is also a trademark infringement, if the ad is displayed beside the search result. The OGH discussed that the add was clearly labeled as such, but thought that this is not enough to stop the confusion of users whether the company running the ad is connected to the trademark owner.




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