Posts Tagged ‘ECJ’

Bing's beta Ad layout

New Microsoft ad strategy more aggressive than Google’s?

Microsoft has recently tested a new system of advertising whereby ads are not placed on top of the organic search results, nor to the side, nor on a colored background, but actually within the list of organic results.  Is this a smart move?  Will Microsoft find itself on the end of a (meritorious) lawsuit for [...]

Google AdWords logo

Google AdWords Takes A Hit: E-Commerce Safe Harbour MIA

While the Wall Street Journal (initially, at any rate) declared outright victory for Google’s AdWords service after the Court of Justice of the European Union (“ECJ” or “CJEU”) ruled that the sale of keywords to advertisers did not constitute “use” of those keywords within the meaning of the Trade Marks Directive (89/104/EEC), most of us [...]

Pan-European injunctions? Sure, sometimes.

The IPKat reports today that Advocate General Cruz Villalón has released his Opinion in Case C-235/09 DHL Express (France) SAS v Chronopost SA. The reference to the ECJ asks whether a prohibition issued by a Community trade mark court of a Member State has effect throughout the entire European Community or whether it becomes impotent [...]

Court of Justice to rule on LEGO trademark

The Court of Justice of the European Union is expected to release its ruling tomorrow on whether a Lego brick can be registered as a trademark in Europe.  The ruling will come nearly eight months after Advocate General Mengozzi opined that registration of the brick was not permissible (and tried to use one of Sony’s trademarks [...]

Comments on keywords

I’ve been enjoying some discussion with another AdWords specialist (Austrotrabant) over Google’s recent policy changes and the meaning of the CJEU’s Google France and subsequent decisions.  Please go on over to http://austrotrabant.wordpress.com/2010/08/05/google-adwords-tm-policy-use-of-the-trademark-also-permitten-in-the-ad-text-of-ads-in-europe/ to have a look. In the meantime, I’ve posted my comments below as they are fairly self-contained and might be of interest.  I’ll [...]

Google abandons AdWords Keyword “Suggestion” Tool

Google has put an end to its controversial Keyword “Suggestion” Tool after the CJEU ruled that it might not benefit from the exemptions from liability found in the E-Commerce Directive.  It also appears to have modified its remaining services to protect the “LOUIS VUITTON” trademark, but continues to allow advertisers to sully other luxury brands [...]

Can Recital 42 and Article 14 be reconciled?

When the CJEU handed down its decision in Google and Google France vs. Louis Vuitton on March 23, 2010, brand owners were both disappointed and optimistic.  Although the Court had held that because Google was not using third parties’ trademarks in its own commercial communications when it was offering them for selection as AdWords (meaning [...]

Google says sorry after being a little bit evil

By the end of April, it was begining to look like Google was turning a corner on what had started out as a potentially difficult year.  In Europe, Google was in a high-profile dispute with LVMH, the owner of famous brands such as Moët, Hennessy, Louis Vuitton, Fendi and Christian Dior.   If the result went the [...]

Google and LVMH both claim victory in landmark ECJ ruling

Despite this morning’s signing into law of a landmark healthcare bill in Washington, and last night’s news that Google has begun redirecting Chinese surfers to its Hong Kong-based search engine, this morning’s ECJ AdWords ruling has received some prominent media reaction on this side of the Pond (although not half as much as there would [...]

Posting for the first time

It’s been long enough since I last blogged, so I have uploaded WordPress to my site and am going to give it another go.  And there’s plenty to write about, especially in New York, from the ambitious Authors Guild vs. Google Book Settlement hearing taking place on 7 October to the recent Appeal in the [...]