EU adviser backs Google in trademark suit
An adviser to the European Union has sided with Google in the company's battle with Louis Vuitton and others over alleged trademark infringement.
The search giant is fighting a lawsuit in the European courts against several companies that claim Google is infringing on their trademarks by allowing advertisers to buy keywords that match those trademarks.
Led by LVMH's Louis Vuitton, the companies are upset that makers of imitation items can buy those keywords through Google's AdWords, allowing their products to pop up in searches alongside the genuine article.
But in a statement released by the European Court of Justice on Tuesday, adviser and Advocate General Poiares Maduro said that "Google has not committed a trademark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trademarks."
Maduro's opinion is that the use of trademarks is limited to the selection of keywords internal to AdWords and as such only concerns Google and its advertisers. When selecting keywords, no product or service is being sold to the public, therefore, neither Google nor its advertisers are infringing on any trademarks, said Maduro.
In response to the concern that makers of imitation products can grab certain keywords, the Advocate General put the responsibility firmly in the hands of consumers.
"The mere display of relevant sites in response to keywords is not enough to establish a risk of confusion on the part of consumers as to the origin of goods or services," said Maduro in the statement. "Internet users are aware that not only the site of the trademark owner will appear as a result of a search in Google's search engine... These users will only make an assessment as to the origin of the goods or services advertised on the basis of the content of the ad and by visiting the advertised sites."
Maduro's opinion doesn't leave Google totally in the clear. Maduro said the company might be liable if found to feature content in AdWords that infringes on a trademark. But even in this case, the trademark owner would have to cite specific instances of damage to their trademarks in order to hold Google accountable.
Trademark issues over AdWords have plagued Google for years, both in the U.S. and especially in Europe where Louis Vuitton and others have taken the company in and out of court. French justice has generally found in favor of the trademark owners, usually ordering Google to pay a fine. But the issue has never been definitively settled.
In response to the latest round of legal squabbles, the French court has asked the European Court of Justice to now settle the issue.
The Advocate General's statement is not binding on the court, but the opinion is strongly considered. The court is now reviewing the case and will render its judgment at a later date.
Lance Whitney wears a few different technology hats--journalist, Web developer, and software trainer. He's a contributing editor for Microsoft TechNet Magazine and writes for other computer publications and Web sites. You can follow Lance on Twitter at @lancewhit. Lance is a member of the CNET Blog Network, and he is not an employee of CNET. 
Allowing Google to use trademarks for its own benefit should be illegal. What is the point of registering a trademark if Google allows impostors and other criminals to infringe and capitalize on one's trademark.
Google has committed trademark infringements for which they are liable and are vicariously liable!
The European findings only have substance if Google was not making any money from the keywords - but even then it is still wrong!
I sure hope Microsoft finds a way to use Google's name to give them some of their own medicine.
The people have created a monster by blindly allowing Google to become so powerful. Google is now going to find ways to bite everyone in the arse!
Forget about Apple vs. Microsoft - The real evil is Google, and I really hope that Microsoft can level the playing field.
Lance Whitney, is this type of result behavior only on google or are the other search engines doing this as well? I would be more inclined to use a different search engine that doesn't do this type of behavior when I do searches for specific branded products. Can you let us know?
When will these sheep wake up?
I guarantee you that we will see a huge disaster as a result of Google's control over people. Just wait until they demand huge fees for your gmail account!
Just like you can attract kids with free candy, Google is attracting dumb adults with free services.
Free is not always free.
You are dead wrong. Microsoft, and Apple, are governed by consumer demand. Microsoft sells a product, and, if consumers do not like it, it will not last. These companies follow a capitalistic system.
Google is offering everything for free to sign everyone up. When they reach their peak, what do you think they will do?
It is just like Russians signing up for communism because it was an appealing concept at the time, but, when the communist government got too powerful, it started to abuse its citizens.
Google is like Russia - just watch what happens next!
* is it a willful infringement?
* is the infringement likely to cause customer confusion?
* how do we measure the financial damage to such infringement?
* is the infringement related to a similar product or service?
* is the product or service being sold by someone who is entitled to use the trademark? (a reseller or distributor)
Google does in fact filter trademarked terms in some cases (such as searching for Apple). But if we search for something like SugarCRM, we can see a lot of sponsored links from competitors such as Salesforce. This is a clear violation of a trademarked term... the question is, who is violating the trademark? is it Google or is it the sponsor? Since Google gains financially from the infringement, it must be partially held responsible. All it has to do is perform a best effort to prevent these violations and it can get by without being sued.
So what we need to now determine is that if Google has gone through reasonable efforts to prevent such violations or is it turning a blind eye to increase it's revenue from ad impressions.
Well said...
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- by TJ Spyke September 22, 2009 6:23 PM PDT
- Google is not doing anything wrong. I am just glad a European finally has some common sense. The European Union is just an embarrassment and need to stop interfering in business. The EU does crap like not allowing console manufacturers to block companies from releasing games on their system (which is why companies like Phoenix Games exist. The company releases doesn't of crappy games a year that Sony and Nintendo legally can't stop in Europe). They also don't realize Microsoft is NOT doing anything wrong by bumbling Windows or Internet Explorer. Makes me glad I don't live in Europe, and if I owned a business I would just not release any products in Europe if the EU tried to pull that crap with me.
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