EU court's Google ruling leaves words up for sale
The European Court of Justice has ruled that Google did not contravene EU trademark rules by allowing advertisers to purchase keywords corresponding to their competitors' trademarks.
But in a nuanced decision on Tuesday (23 March), the Luxembourg-based judges also indicated firms should be allowed to challenge individual cases they deem inappropriate in national courts.
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The original lawsuit, taken by luxury products group LVMH, the makers of Dior perfume and Moet & Chandon champagne amongst other brands, was transferred to the EU's Court of Justice by France's highest appeals court.
It surrounds the sale of Google AdWords, a key source of revenue for the internet giant whose annual revenue tops €17 billion. Companies which purchase particular AdWords see their site listed in the "Sponsored Links" section of Google's main website when internet users enter a related search word.
The ruling means people searching for branded products will continue to be shown rival brands, but allows firms such as LVMH to challenge the sale of certain AdWords, if for instance they feel it aids counterfeiters.
Win-win?
Both sides claimed victory after the court's decision. Google said the ruling supported its preferred approach, allowing advertisers to buy competitors' keywords, but subject to Google restrictions blocking potential miscreants.
"The question before the court was whether advertisers should be allowed to choose keywords freely when reaching out to users on the Internet," Dr Harjinder Obhi, senior litigation counsel for the company, said on a blog posting after the ruling, adding that the right had been upheld.
LVMH also welcomed the court's decision. "We were looking for a clarification of the principles," the company's senior executive vice-president, Pierre Gode, told this website.
Mr Gode said it would now be much easier for national courts to rule on particular challenges, and would lead to greater harmonisation of decisions regarding EU trademark rules across the 27 member states.
Internet freedoms group la Quadrature du Net said the judges had upheld the notion that citizens's fundamental rights should not be superseded by European copyright laws.
"It is a positive decision. The court reasserts the limited liability of hosting services provided by the EU's eCommerce directive. When a company processes data, it is not liable for that information until it has been notified that it is unlawful," the group's Jeremie Zimmermann told EUobserver.
Gordon Brown
An example of how it is not only business competitors that are seeking to make use of the internet appeared separately on Tuesday, with a number of media outlets reporting the UK's Conservative party bought the AdWord "Gordon Brown" over the weekend.
The resulting "Sponsored Link," entitled: "The New Militant Tendency - Read about Unite's stranglehold on Gordon Brown's Labour Party," leads internet users to the Conservative party website.
With the outcome of UK national elections this summer set to be tight, both sides are turning to the internet to transmit their message to a maximum of voters, said analysts.