EU court warns Google AdWords users over trademark infringement
The ruling from the European Court of Justice could especially affect Irish and British users, as for the past two years Google has refused to take down ads that use other companies trademarks’ in their key words.
Google sells keywords, including trademarks, to the highest bidder, allowing competitors to buy and use one another’s brand names.
One man who is very happy with the complex court ruling is Derry Cremen, a Cork travel agent who has been battling with Google for two years.
“It’s been costing me a fortune to buy AdWords to try to stay ahead of my competitors who use the name of my company in their adverts,” said Mr Cremen.
He said he was astonished when he discovered that other companies offering camping holidays in France were coming up top of the page in a Google search using the name of his company, Hello France.
“I proved to Google we were the registered owner of the name, but they said the law in Ireland did not protect me,” he said.
Last night he demanded Government change the law to ensure that trademarks cannot be abused and he was supported by MEP Sean Kelly who spoke in the European Parliament about his case.
“I am delighted the European Court has ruled that purchasing someone else’s trademark via Google AdWords is illegal,” Mr Kelly said.
Alistair Verney, a spokesperson for Google, said they were analysing the judgment.
“It may or may not have implications for Ireland,” he said.
The number of ads triggered by exact trade mark names was very small, he added.
The ruling was not a defeat for Google which makes most of its $24 billion annual revenue from advertising. The court said the world’s biggest search engine could not be held responsible if their advertisers misuse trademarks, but once they are alerted, they must take down the advert quickly.
It is seen as a landmark decision in the difficult area of e-commerce, but it is not a final ruling. The question of whether an advertiser is liable for infringing a trademark if they use it in a Google advert must return to the national courts for a decision.
The case was brought by French luxury goods companies led by LVMH that includes Louis Vuitton SA, Moet champagne and Hennessy brandy.
