Google Adwords: Purchase of brand names compliant with EU law
In the dispute over the use of brand names, the internet giant has achieved a partial victory. The European Court of Justice ruled that Google may allow companies to appear in the ad column in search results by purchasing brand names.
However, the internet user must be able to clearly recognize the manufacturer or provider of the advertised goods or services - for example, whether or not it is an advertisement from the manufacturer of the branded product entered by the internet user, the EU judges ruled on Tuesday in Luxembourg.
When searching for one or more keywords, the Google search function displays the websites that seem to match the words most closely. Google also offers a referencing service called "AdWords" for a fee. This allows a department store, for example, to pay Google for its advertising to appear in the ads section when a brand name is searched for.
In France, major brand manufacturers such as Louis Vuitton and Thonet had taken legal action against this, pointing out that counterfeiters could also offer their cheap goods thanks to the use of well-known brand names. However, the highest EU judges emphasized that Vuitton could sue the supplier of the counterfeit goods as a next step. It would then be up to the French judiciary to clarify whether Google had deliberately allowed advertisements from manufacturers of counterfeit goods.
When searching for one or more keywords, the Google search function displays the websites that seem to match the words most closely. Google also offers a referencing service called "AdWords" for a fee. This allows a department store, for example, to pay Google for its advertising to appear in the ads section when a brand name is searched for.
In France, major brand manufacturers such as Louis Vuitton and Thonet had taken legal action against this, pointing out that counterfeiters could also offer their cheap goods thanks to the use of well-known brand names. However, the highest EU judges emphasized that Vuitton could sue the supplier of the counterfeit goods as a next step. It would then be up to the French judiciary to clarify whether Google had deliberately allowed advertisements from manufacturers of counterfeit goods.
