Subscribe

free to biz newsletters

Bizcommunity.com - Daily Retail news
Regulatory newsPress offices

EU court backs Google in Louis Vuitton case

24 Mar 2010 12:32Submit a commentBizLike
LUXEMBOURG: Europe's top court largely backed Google on Tuesday, 23 March 2010, in its battle against French luxury product maker Louis Vuitton and others which argued trademarks are being violated by the US Internet giant.
"Google has not infringed trade mark law by allowing advertisers to purchase keywords corresponding to their competitors' trade marks," read a judgment by the European Union's Court of Justice.

However, Google can be held responsible, the court said, if "having obtained knowledge of the unlawful nature" of advertisers' activities, "it failed to act expeditiously to remove or to disable access" to the advertising.

The companies were hoping to avoid having to pursue rogue online traders, for example of fake designer handbags, every time they appear.

The case concerns Google's lucrative practice of accepting money from a clothes retailer, for example, to ensure their company appears among Internet search results when a particular designer brand is keyed in.

This happens through Google's "AdWords" system that allows advertisers to buy keywords corresponding to registered trademarks.

The advertiser's often less well-known name will appear along with the designer brands they have piggy-backed under the heading "sponsored links", and that is where the likes of LVMH (Louis Vuitton Moet Hennessy) have cried foul.

While Google can be pursued for not acting quickly enough once it is aware of fraudulent activity, the onus, following the judgment, is now firmly on advertisers to allow consumers "easily to establish from which undertaking the goods or services covered by the ad in question originate."

The Luxembourg-based court said subsequent disputes are "for the national court to assess, on a case-by-case basis."

The French court hearing the case, the Cour de Cassation, had asked the European Court to rule.

Source: AFP

SOURCE

I-Net Bridge
I-Net Bridge was established in 1990 as a joint venture between stockbroker, Ivor Jones Roy, and newspaper publisher, Times Media Limited (TML). It now forms part of South African media and entertainment giant, Avusa Limited. It is a South African developer of a wide range of financial products including workstations, web applications and data feeds to the professional investment community. Real-time and historical market data is packaged with in-depth news and analytical tools.
Go to: http://www.inet.co.za
 
More options
< Back
LEGAL DISCLAIMER: This Message Board accepts no liability of legal consequences that arise from the Message Boards (e.g. libel, slander, or other such crimes). All posted messages are the sole property of their respective authors. The maintainer does retain the right to remove any message posts for whatever reasons. People that post messages to this forum are not to libel/slander nor in any other way depict a company, entity, individual(s), or service in a false light; should they do so, the legal consequences are theirs alone. Bizcommunity.com will disclose authors' IP addresses to authorities if compelled to do so by a court of law.
Follow us:

Community activity

  • Edgeway Matabane Managing Member at Tile avenew created a profile
    1 days, 9 hours, 9 minutes ago
  • Gugu Faith Zulu Intern Fashion Buyer at Poetry created a profile
    2 days, 15 hours, 49 minutes ago
  • Jean Ochse Energy, Inspiration and Innovation through People = Success created a profile
    3 days, 12 hours, 10 minutes ago
  • Grant Mandigora Assistant Business Partner at Aca Joe created a profile
    4 days, 19 hours, 19 minutes ago
  • Salwa Jamodien Imports Manager at Woolworths created a profile
    5 days, 11 hours, 27 minutes ago
  • Lebohang Zulu Junior Insights Analyst at Barrows Design and Manufacture created a profile
    5 days, 15 hours, minutes ago
  • Angelica Cirinna Channel Marketing Analyst and Space Planner created a profile
    5 days, 15 hours, 13 minutes ago
  • Pamela Mazibuko unemployed created a profile
    5 days, 15 hours, 55 minutes ago
  • Jhone Smith Finance Manager at Jumbo created a profile
    6 days, 20 hours, 57 minutes ago


Subscribe

Receive free email newsletter

Make us your homepageAdd us to your favoritesRSS feedGet biz on your phone

Invite

Tell a friend about us