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.
Qwest Communications International has reached a tentative four-year agreement with its largest union representing nearly 30,000 of its workers.
The new deal adds a year to the contract. It also would give workers a 12.6 percent pay raise over the life of the contract, according to Reuters. This compares to a 9 percent salary increase that had been offered as part of the proposed three-year agreement in August.
Last month, the Communications Workers of America union rejected a tentative three-year agreement. Union members had authorized a strike when the contract expired in August, but workers continued to work.
The new deal also calls for workers to contribute $75 per month for family health coverage and a choice of different plans. It also will include a 3 percent hike in pension for eligible workers retiring after October 12, 2008, the Reuters story said.
The union, which represents about 57 percent of Qwest's workforce, is expected to vote on the latest proposal by the end of the month.
Union workers at Qwest Communications International rejected a proposed three-year contract on Tuesday. But so far, there doesn't seem to be a threat of a strike.
Representatives of the Communications Workers of America and Qwest said they'd meet again this week to continue talks, according to the Associated Press. CWA represents roughly 29,000 Qwest employees in 13 states. Qwest is the primary phone company in 14 Western states.
Union members had authorized a strike when the contract expired in August, but the workers continued working. The two sides reached a tentative agreement days later.
Qwest representatives told the AP that the contract proposal included raises of more than 9 percent over three years. It also increased pension benefits for new retirees, and it would have increased base pay of sales staff. But it also would have added a monthly premium for health coverage. Previously, employees paid only enrollment fees.
Qwest Communications International has reached a tentative agreement with two labor unions averting a potential strike that could have disrupted service for the Democratic and Republican national conventions to be held in the next few weeks.
On Monday, Qwest and its largest labor union, the Communications Workers of America, said that they had agreed on a three-year deal that will cover some 20,000 Qwest employees in 13 states who are represented by the union.
Qwest also reached a tentative agreement with the International Brotherhood of Electrical Workers, which represents employees in Montana.
Qwest's union workers had authorized a strike if a settlement was not reached between the two sides starting when their contracts expired at 11:59 p.m. Saturday. But a deal was reached, averting the strike. Details of the plan were not released, and the general membership of the unions still must approve it.
Qwest, based in Denver, is providing communication services for the Democratic National Convention, which will be held there in a little more than a week. Qwest also is providing service for the Republican National Convention, which begins September 1 in St. Paul, Minn.
Officials had worried that a strike would disrupt the conventions. Now that a tentative agreement has been reached, an organizer for the CWA told the Associated Press that he does not expect any disruptions from his union members during the conventions.
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