Friday, April 02, 2010

Keyword technology raises trademark questions in Europe

The Grand Chamber of the European Court of Justice (ECI) has held that some Internet companies are guilty of trademark infringement by keying competitors ads based on search results (or by allowing advertisers to purchase keywords based on competitors’ trademarks); but in an update, Google is not, partly because it follows the principles of safe harbor processing. However, advertising schemes based on keywords must not be deceptive and must allow consumers the opportunity to purchase goods or services based on the original company’s mark.

The story by Steve O’Hear had appeared on European Techcrunch (web url) (here) but had to be updated.