Google said the court had ruled that Google had not infringed trade mark law by letting advertisers bid for keywords that corresponded to competitors’ marks. It also claimed the court recognised that Euro law that protects internet hosting services was applicable to its Adwords advertising system.
That is not how LVMH sees it however. It said the court had ruled that an online advertiser can’t use a registered trademark as a keyword without the consent of the trademark owner.
LVMH said that Google claimed advertisers didn’t commit any illicit use of registered trademark when they they bought keywords without the consent of the trademark owner. But, said LVMH, the ECJ “strongly rejected both claims”.
And its ruling will now apply to all 27 countries in the European Union.
It said the ruling meant a provider of a paid referencing service can be found liable alongside the advertiser.
LVMH is very interested in this because it claims to be a luxury goods world leader in brands like Moët & Chandon, Dom Perignon, Veuve Clicquot Ponsardin, Krug, Ruinart, Mercier, Château d’Yquem, Hennessy, Glenmorangie, Ardbeg, Vodka Belvedere, Chopin, 10 Cane, Chandon, Cloudy Bay, Terrazas de los Andes, Cheval des Andes, Green Point, Cape Mentelle, Newton,Louis Vuitton, Celine, Loewe, Kenzo, Givenchy, Thomas Pink, Fendi, Emilio Pucci, Donna Karan, Marc Jacobs, Berluti, StefanoBi, Parfums Christian Dior, Guerlain, Parfums Givenchy, Kenzo Parfums. Parfums Loewe, BeneFit Cosmetics, Make Up For Ever, Acqua di Parma.
What a lot of brands! And it’s involved in more including TAG Heuer, Chaumet, Christian Dior Montres, Zenith, Fred, Hublot and De Beers Diamond Jewellers Limited.
Perhaps Google needs to think again about whether it’s won, or not. You can see what Google believes, by clicking here.