Posts Tagged ‘ECJ’


Jurisdiction in Keyword Advertising Disputes After Wintersteiger

Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given [...]

UsedSoft v. Oracle article published by Society for Computers and Law

I’m really pleased to have had my review of the Court of Justice’s seminal UsedSoft v. Oracle decision published by the prestigious Society for Computers and Law.  Click the image to go there.

Some recent trade mark articles

Further to my copyright post here, I’ve set out below a list of recent trade mark articles and quotes, with links where possible.  A list of my recent copyright publications is here, and there’s a full list of all publications here. “National Use Neither Proves Nor Precludes Finding of Genuine Use of a Community Trade [...]

Some recent copyright articles

I haven’t been able to write here for some time, but I have been writing elsewhere.  Here’s a list of my recent copyright articles, with links.  A list of my recent trade mark publications is here, and there’s a full list of all publications here. “EU Court Ruling Chips Away At Software Copyrights,” quoted, Law [...]

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 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 [...]