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 [...]
Posts Tagged ‘Europe’
New Microsoft ad strategy more aggressive than Google’s?
August 5th, 2011 
Gareth Dickson 
Posted in North America, social media, trademarks, UK and Europe, vront 
Tags: AdSense, AdWords, ECJ, Europe, Google, Internet, trade marks, trademarks, UK, unfair business practices 
1 Comment »
Google AdWords Takes A Hit: E-Commerce Safe Harbour MIA
July 31st, 2011 Gareth Dickson 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 [...]
Posted in social media, trademarks, UK and Europe, vront Tags: AdWords, ECJ, Europe, false advertising, Google, Internet, trade marks, trademarks, unfair business practices 2 Comments »DON’T READ THIS HEADLINE WITHOUT ASKING ME FIRST: NLA v. Meltwater & PRCA: Part I
May 1st, 2011 Gareth Dickson Simply opening a webpage on a computer can infringe copyright, according to The Newspaper Licensing Agency Ltd & Ors v. Meltwater Holding BV & Ors [2010] EWHC 3099 (Ch). If followed, Proudman J’s ruling could have a radical impact on free social media services, such as Twitter, LinkedIn and Facebook, as well as free monitoring services [...]
Czech, mate.
January 7th, 2011 Gareth Dickson Ever thought of applying for an intellectual property right via a Czech agency? Probably not, if you’re reading this, but in case you do then you might want to read the IPKat’s comments on WIPD, an organization whose name and logo closely resemble those of WIPO, which in addition to being a well respected organization [...]
Posted in copyright, patents, trademarks, UK and Europe Tags: domain names, Europe, trade marks, trademarks, unfair business practices No Comments »Pan-European injunctions? Sure, sometimes.
October 7th, 2010 Gareth Dickson 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 [...]
Posted in trademarks, UK and Europe Tags: ECJ, Europe, second circuit, trade marks, trademarks No Comments »You’re not using it right!
September 29th, 2010 Gareth Dickson A dispute has been brewing for a few months now over the issue of “genuine use” of a European Community Trade Mark (“CTM”) for the purposes of opposing a CTM application. The Beneleux Office for Intellectual Property ruled in OMEL/ONEL that use of a CTM in only one EC member state was not “genuine use” [...]
Court of Justice to rule on LEGO trademark
September 13th, 2010 Gareth Dickson 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 [...]
Posted in patents, trademarks, UK and Europe Tags: ECJ, Europe, Sony, trade marks, trademarks, World Trademark Review No Comments »Comments on keywords
August 18th, 2010 Gareth Dickson 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 [...]
Posted in social media, trademarks, UK and Europe Tags: AdWords, confusion, ECJ, Europe, Google, Internet, trade marks, trademarks No Comments »Google abandons AdWords Keyword “Suggestion” Tool
July 27th, 2010 Gareth Dickson 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 [...]
Posted in copyright, social media, trademarks, UK and Europe Tags: AdWords, DMCA, ECJ, Europe, Google, Internet, Louis Vuitton, LVMH, software, trade marks, trademarks, UK, US 1 Comment »Can Recital 42 and Article 14 be reconciled?
July 14th, 2010 Gareth Dickson 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 [...]
Posted in copyright, social media, trademarks, UK and Europe Tags: AdSense, AdWords, DMCA, ECJ, Europe, Google, Louis Vuitton, LVMH, trade marks, trademarks, US 1 Comment »