Google AdWords and Copyrights in Europe

Our French and US IP Lawyers are always up to date regarding the legal evolution in Intellectual Property.

The Court of Justice (ECJ) has made of recent date (March 23, 2010) a decision that could significantly limit the rights of trademark owners with regard to search engines.

Until this decision, it was possible for a company fearing infringement action directly from search engines, including Google, to block the purchase of his name by others.

This obstacle could now disappear and the terms of the constituent brands can now be purchased as a keyword for advertising especially in the context of the Google Adwords. This is the direct result of the decision of the ECJ, which held in essence that Google was only "store" keywords to third parties for advertising purposes and did not operate directly as a sign names distinctive for its own production, to absolve him of a conviction for counterfeiting.

However, trademark owners are not provided free of weapons to stop the usurpation of their securities on Google Adwords, and the consequences of the decision of the ECJ must be received with distinction.

Indeed, any litigation for infringement, unfair competition or parasitism remain open against advertisers who would undertake unduly the purchase of keywords constituent brands.

In addition, a common law liability in certain cases could be generated against the search engines by a jurisprudence that should be accurately track changes.

Great principles of our law which shall be effectively handled seem to plead for these solutions.

 

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