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Under the Trade Marks Directive, a proprietor of a registered trade mark can prevent third parties from using any sign identical to that mark in the course of trade, where that trade is identical to the...
M&S finds keyword advertising policy not smelling of roses as Advocate General unimpressed with its sponsored ads for “Interflora”
An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as...
Only initial confusion needed for trade mark infringement – Och-Ziff Management Europe Limited v OCH Capital LLP (High Court)
The High Court has ruled that only initial confusion at the commencement of the purchasing process, that one company is another, is needed for a trade mark infringement claim.
In this case, Och-Ziff...
ECJ gives guidance to objecting to use of trade marks in keywords – Portakabin v Primakabin, European Court of Justice
The European Court of Justice has given guidance as to when registered trade mark owners can complain about the use of their marks by people who bid for them to appear high up search engine results.
In...
European Court of Justice applies recent ruling in Google v Louis Vuitton case, but we’re still none the wiser of the implications – Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmueller v Guenter, European Court of Justice
As reported here, the European Court of Justice has recently ruled on the long-awaited Google v Louis Vuitton case, concerning the extent to which brand owners, competitors and search engine providers...
European Court of Justice gives eagerly-awaited ruling in Google keyword search terms trade mark cases – Google v Louis Vuitton, European Court of Justice
In an eagerly-awaited judgment, the European Court of Justice has ruled on whether use of a trade mark term for the purpose of creating a sponsored advert and getting higher up the search results could...