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Inteflora case - bidding on trademarks as Google keywords

The Court of Justice of the European Union ("CJEU") has delivered its ruling in the long-running Interflora v Marks & Spencer Adwords case. The CJEU decided that trade mark owners can prohibit the purchase of their trade marks as keywords on web search engines, but cannot do so if the advertisements triggered do not allow users to ascertain the origin of the goods or services referred to in such advertisements.

Australian Google AdWords Decision - Google Wins

After an 17 month wait, Justice John Nicholas of the Federal Court of Australia decided today that the ACCC did not make out their claims against Google in the case involving sponsored links and Adwords.

The key findings were that:
  • ordinary and reasonable members of the relevant class of consumers are likely to understand that sponsored links are advertisements; and
  • Google merely communicated the representations made by advertisers, without adopting or endorsing any of those representations
This is the matter in which one of the sponsored links was for Xbox360, which appeared when users searched for "playstation2". The court held that the publication of the sponsored link was misleading, but that Google was not involved in the contravention.

The court's reasons for decision are published at http://www.austlii.edu.au/au/cases/cth/FCA/2011/1086.html

Who owns the copyright and inventions produced by an AI machine?

These articles are some of the interesting articles dealing with ownership of copyright and patentable inventions produced by an AI machine ...