EU Adviser: Google Can Sell Trademarked Keywords
EQUTE — An adviser to the European Union’s top court says Google does not infringe on trade marks by selling trademarked keywords.
Several brands have been in a legal battle with the search and advertising giant because their official ads were forced to compete with any rabble with a higher bid than them.

Louis Vuitton, for example, was fighting to boot manufactures of knockoff designer goods using their brand name out of search advertising.
“Advocate General Poiares Maduro considers that Google has not infringed trade mark rights by allowing advertisers to buy keywords corresponding to registered trademarks,” the European Court of Justice said in a statement.
Though the court has yet to make the ruling, the court’s decisions typically fall in line with their court advisers.
Google’s lawyers said the likely ruling came because consumers are smart enough to know the difference between real and fake ads.
“We believe that selecting a keyword to trigger the display of an ad does not amount to trademark infringement, and that consumers benefit from seeing more relevant information,” said Google lawyer Harjinder Obhi wrote in a statement. “Consumers are smart and are not confused when they see a variety of ads displayed in response to their search queries.”
The decision also hinges on the fact that Google doesn’t directly make money from the trademarked name.
Google argued that they make money by Internet users clicking on the keyword, and the decision to click or not belongs to the user.
The decision could end a seven-year fight — Google is appealing a unfavorable decision brought against it by a French court in 2006.
Google’s trademark policy varies across the world. In some countries, mainly in Europe, Google blocks names from being chosen as keywords once it’s received proof that they are protected trademarks — not so in the U.S.
The decision could mean that blocking trademarked keywords could soon end around the world.







