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German law and use of trademarks in Google Adwords

Advertisers using a competitor's name as a keyword

Editor Bob
A topic of possible interest to anyone who works in the web industry and uses Google's AdWords service:

From: German court seeks guidance over adwords

A German court has asked the European Court of Justice to clarify whether using a trade mark as a keyword for internet advertising amounts to trade mark infringement

The case has the potential to make or break Google’s AdWords business model in Europe.

According to a press release issued by the Bundesgerichtshof (German Federal Court), it decided three cases on January 22, all involving AdWords where an advertiser buys another’s company name or trade mark, and has its own advertisement displayed alongside the search results for that term.

The first case involved a trade mark, Bananabay, registered for adult entertainment, which was being used by a competitor as a Google AdWord. Decision is expected to be in a few weeks’ time.
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Any word on the outcome of this case? In the article, it said it could take up to two (!!!) years to come to a decission, that's a lifetime in eCommerce!
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