Please wait while the page is being loaded Skip this advertisement >
Monday | 8 September, 2008
ARN
Google, Louis Vuitton face off in trademark spat
Europe's highest court will hear a trademark infringement suit concerning Google's keyword advertising system
Jeremy Kirk (IDG News Service) 05 June, 2008 08:19:35

Related Stories
  • +

    IT people, places and things that matter 24 December, 2007 07:23:06

    For their ability to draw your attention, these 10 people, places and things stand out as newsmakers that matter
    What makes a top newsmaker? Sometimes a company generates lots of buzz by doing particularly innovative things, or someone with a catalyzing personality gains notoriety. Other times a hot new product or a spectacular disaster gets the attention of the masses.
ARN Directory | Distributors relevant to this article
Additional Resources
ARN Library

Newsletter Subscription

Sign up for our ARN newsletters!
The premier provider of daily news to the IT channel, covering business, technology, products, and services.
RSS Feeds

Europe's highest court will hear a trademark infringement suit concerning Google's keyword advertising system, a case that ventures into an untested area of law that could impact the company's lucrative ad revenue.

Fashion retailer Louis Vuitton won a lawsuit in France over Google's AdWords system, where advertisers bid for keywords. The keywords are used to place ads related to a person's search terms using Google's search engine or in Web pages with similar content.

AdWords suggests variations of certain keywords to advertisers when they are using the company's interface. Louis Vuitton said the search engine offers terms such as "Louis Vuitton fakes" and "Louis Vuitton replicas," according to Pinsent Masons, which runs the Out-law.com legal blog.

Louis Vuitton alleges the suggestions amount to violation of its trademarks, since Google is essentially selling the marks to which it doesn't not have the right or the consent of brand owner, said Iain Connor, an intellectual property litigator with Pinsent Masons

France's highest court ruled in favor of Louis Vuitton. Google appealed, and the case will go to the European Court of Justice (ECJ) in Luxembourg. The ECJ will make a ruling, which the French court must accept, Connor said. No date for the case has been scheduled, and it could be as long as a year before the ECJ makes a ruling.

The case comes as Google recently changed its policy over trademarks and keywords in the U.K. and Ireland, Connor said. On May 5, Google allowed anyone in those countries to bid on any keywords, the same as the company's U.S. policy, he said.

However, Google has faced litigation in the U.S. over that policy, with courts in California and New York giving conflicting decisions, Connor said.

Previously, trademark owners could notify Google in order to block others from scooping up keywords that represented their trademark.

In Europe, the trademark issue hasn't been addressed by the courts. "There is no case law related to this precise issue in Europe," said Connor, who is not involved in the case.

Whatever the ECJ's ruling, Google will likely have to create a uniform policy on keywords and trademarks that applies to all 27 countries in the European Union. Trademark law has been harmonized in the zone, Connor said.

Google's AdWords program has represented one of the greatest advertising innovations on the Internet, as well as a key source for Google's ever-growing revenue. The company did not respond to a query by deadline.

ARN Directory | Distributors relevant to this article
Market Place

ARN Member Login

 
Panel Sessions
  • ARN Panel Sessions: Day 3

    The last of our panel sessions recorded live at CeBIT 2008. Today, the topic is storage. Data is growing at an enormous rate, so what does the future hold?

Play
ARN news
  • Weekly Tech News Update: 8th September, 2008

    We're back again at the IFA consumer electronics show in Berlin where a virtual mirror helps you see the latest fashions, Samsung introduces a laptop that's lighter than air, and a prototype LCD TV is the thinnest on the show floor.

Play
Channel Watch
  • Brian's bloopers

    It takes a long time to produce an episode of Channel Watch. Maybe you'll understand why after watching this...

Play
Business Continuity & Disaster Recovery Zone

When an IT disaster occurs, how handy it would be to push a button and start again as if nothing had happened.
Discover and learn more about CA XOSoft today.
ARN Vendor Directory
ARN Library

Download the Freeform research report on high availability and disaster recovery and sell more effectively in this space

A new research report from Freeform Dynamics, 'Risk and Resilience' reveals customer pain points as a result of application downtime. The reality is that today's global businesses cannot tolerate downtime for essential applications yet many do not have an effective solution in place. This creates an opportunity for high availability and disaster recovery solutions. To understand more about this opportunity download your free copy today.

Sponsored Links