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AdWords cases in Germany - Federal Supreme Court decision is imminent


German courts are split in the question whether the use of a trademark protected term as a keyword is an infringement. Four cases (Der BGH und die AdWords-Verfahren) have reached the German Federal Supreme Court (Bundesgerichtshof). At the beginning of October the Court heard oral arguments in three cases. It is not unlikely that the Federal Supreme Court will refer the case to the European Court of Justice in Luxembourg (ECJ). In May the Cour de Cassation (European Court of Justice will hear Google Adwords lawsuit!) and the Austrian OGH (Auch der OGH ruft den EuGH wegen AdWords an!) did the same.

In my opinion the Federal Supreme Court is inclined to decide in favour of the advertisers, but can't reasonably issue a verdict before asking the ECJ.





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