A senior judge in the EU Court of Justice says Google
should be allowed to continue selling search terms
using trademarked keywords.
The legal opinion that the practice is not trademark
infringement is good news for Google in its long-running battle
with trademark owners.
Luxury brands,
including
Louis Vuitton, are trying to block Google from selling the
brand name as a search term, according
to
US reports.
The brand owners are attempting to extend trademark ownership to
control all uses of their brand name.
They are unhappy that, when Google users search for their
brands, Google ads for competing products appear alongside the
search results.
The judge said Google had not broken any rules by allowing any
advertiser to buy search terms, known as AdWords, associated with
brand names.
But Google could be held liable if brand owners can show that
Google’s ads have damaged their trademarks.
The brand owners are challenging Google’s sale of AdWords in the
French courts and the EU Court of Justice has been asked to rule on
the controversial issue.
The high-level legal opinion in favour of Google is not binding,
but observers have said it is likely to influence the outcome of
the case.
The EU Court of Justice is not expected to make an official
ruling on the case for several months.