In a four-year battle between Google and French retailer Louis Vuitton, the Internet search giant has won a partial victory. The battle stems from when the luxury accessory retailer brought legal action against Google after searches with its trademark appeared in rivals’ sponsored links.
The European Court of Justice on Tuesday sided with Google, saying the company did not infringe on trademark issues by allowing advertisers to buy keywords corresponding to registered trademarks.
Keyword Advertising Battle
Vuitton and other fashion brands have been battling advertisers after imitation product makers have used trademarked brands to attract customers in online searches. For example, when a search is conducted on keywords such as “Louis Vuitton,” the results include links to competitors’ products and to companies selling counterfeit goods. Advertising counterfeit goods is against Google’s terms of service.
“We believe that selecting a keyword to trigger the display of an ad does not amount to trademark infringement, and that consumers benefit from seeking more relevant information rather than less,” said Harjinder Obhi, senior litigation counsel to Google in Europe, the Middle East and Africa. “We also believe that consumers are smart and are not confused when they see a variety of ads displayed in response to their search queries.”
Louis Vuitton won its case in France, but Google appealed. The French courts asked the European Court of Justice to review the case and provide an opinion on whether Google was breaking any European trademarks laws.
Advocate General Poiares Maduro said it is his opinion that Google did not infringe on trademark rights by allowing advertisers to purchase keywords that correspond to registered trademarks.
Google, however, has won only a partial victory. The court adviser also said Google should still be considered liable for the wrongful use of keywords in relation to ad content.
“Whilst the search…