Court of Justice will hear Google
So far, there have been more than 70 decisions on
Adwords in EU member states, more than 30 in France alone. The rulings differ in
finding and reasoning. The use of trademark protected terms as keywords may be
legal in some member states (e.g. in Great Britain), may be illegal in other
member states (e.g. in France
and Italy). German courts are split on this question.
ver trademarks and keywords in some member
In 2005 Louis Vuitton successfully sued Google;
not only for allowing
keyword combinations that associate plaintiff's protected marks with terms
including "imitation", "fake" and "copies", but also for proposing such terms to
would-be advertisers (Louis
Vuitton Malletier / Google, Civil Court of Paris (TGI), February 4,
June 2006 The Paris Court of Appeals agreed with that decision and found
Google guilty of trademark counterfeiting and unfair competition.
Google appealed to the Cour de cassation,
the main court of last resort in France. The Court decided to ask the European
Court of Justice whether the offering of alternative choices of (trademark
protected) keywords breaches trade mark laws.