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A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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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:
The court's reasons for decision are published at http://www.austlii.edu.au/au/cases/cth/FCA/2011/1086.html
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
The court's reasons for decision are published at http://www.austlii.edu.au/au/cases/cth/FCA/2011/1086.html
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