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 [...]
Posts Tagged ‘Europe’
Jurisdiction in Keyword Advertising Disputes After Wintersteiger
October 1st, 2012 
Gareth Dickson 
Posted in trademarks, UK and Europe, vront 
Tags: ECJ, Europe, Google, Internet, jurisdiction, Publications, trade marks, trademarks, UK 
No Comments »UsedSoft v. Oracle article published by Society for Computers and Law
September 22nd, 2012 Gareth Dickson 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.
Posted in copyright, UK and Europe Tags: copyright, ECJ, Europe, Internet, patents, software, UK No Comments »Some recent trade mark articles
July 13th, 2012 Gareth Dickson 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 [...]
Posted in trademarks, UK and Europe Tags: ECJ, Europe, Internet, jurisdiction, trade marks, trademarks No Comments »Some recent copyright articles
July 13th, 2012 Gareth Dickson 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 [...]
Posted in copyright, North America, UK and Europe Tags: copyright, DMCA, ECJ, Europe, Internet, jurisdiction, second circuit, software, US, YouTube No Comments »
New Microsoft ad strategy more aggressive than Google’s?
August 5th, 2011 Gareth Dickson 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 [...]
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” [...]
