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Trademark infringement and Google AdWords
  • Clarkslegal LLP
  • United Kingdom
  • June 25 2013

A recent High Court decision ruled on whether Marks and Spencer had infringed trademarks belonging to Interflora through its use of keyword

Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement
  • McDermott Will & Emery
  • European Union
  • October 31 2011

The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement.

Exploring the "investment" function; and is any advantage necessarily unfair?
  • Hogan Lovells
  • European Union
  • October 25 2011

The Court of Justice of the European Union held that the use of a sign identical to a third party's trademark as a keyword for identical goods and services within an internet referencing service infringed the trademark if it had an adverse effect on one of its functions.

When can you prevent someone using your registered trade mark as a keyword?
  • Squire Patton Boggs
  • United Kingdom, European Union
  • October 20 2011

Generally, unless specific defences set out in UK or EU legislation and case law are met, owners of registered trade marks can prevent others from using identical signs in respect of goods or services which are the same as or similar to those for which the mark is registered

AdWords - legitimate use of your competitors’ trademarks to secure business?
  • Kingsley Napley
  • United Kingdom
  • October 20 2011

It is now accepted practice that paid search engine advertising (usually by the use of sponsored links) can be very effective in promoting a website.

Google AdWords litigation trademark holders denied class certification in U.S. lawsuits
  • Mintz
  • USA
  • October 5 2011

In the latest Google AdWords decision, a U.S. Federal District Court judge in Texas refused to certify two classes of advertisers who filed separate infringement suits against Google Inc.

L’Oréal v eBay on counterfeit products: is it worth it?
  • Kingsley Napley
  • United Kingdom, European Union
  • October 3 2011

In July 2011, the European Court of Judgement (ECJ) considered the case L’Oréal v eBay, where L’Oréal had brought proceedings against eBay and a number of its users for trade mark infringement for the sale of counterfeit products on eBay’s auction site, and ruled on several points which had been referred by the High Court, namely whether eBay (and other websites like it).

Update on use of competitor’s brand as Google AdWords
  • Eversheds Sutherland (International) LLP
  • United Kingdom, European Union
  • September 30 2011

Most readers will be familiar with AdWords Google’s advertising service which allows businesses to select keywords which, if searched against by Internet users, will bring up the business’s advertising link as a sponsored search result.

L'Oréal v eBay clarification of online marketplace operators' liability for its users' trade mark infringement
  • Herbert Smith Freehills LLP
  • United Kingdom, European Union, Japan
  • September 29 2011

On 12 July 2011, the Court of Justice of the European Union ("ECJ") handed down its highly anticipated decision in L'Oréal SA v eBay International AG.

ECJ: use of well-known trademarks as AdWords
  • De Brauw Blackstone Westbroek
  • United Kingdom, European Union
  • September 27 2011

Last Thursday, the European Court of Justice handed down its long-awaited decision in Interflora v Marks & Spencer.