Lab 8 Hardy Weinberg Problems 4

website optimization and trademarks

(Joined Cases C-236/08 and C-238/08) 1

"Trademarks - Internet - Search - Advertising through key words ("keyword advertising ') - Display links to websites of competitors or owners of the marks on the website on which they are offered counterfeit goods by key words corresponding to those marks - Directive 89/104/EEC - Article 5 - Regulation (EC) No 40/94 - Article 9 - Liability of a search engine - Directive 2000/31/EC ("Directive on electronic commerce ')"

referring court

Cour de Cassation

Parties to the main proceedings

Applicant: Google France, Google Inc..

Defendants: Louis Vuitton Malletier (C-236/08), Viaticum SA Luteciel SARL (C-237/08 ), the Centre National de recherche en relations humaines (CNRRH) SARL, Pierre-Alexis Thonet, Bruno Raboin, Tiger SARL (C 238/08)

Re

request for a preliminary ruling - Cour de cassation (France) - Interpretation of Article 5 paragraph . a point. a) b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ. 1989 L 40, p. 1), Article 9 paragraph 1 letter. a) b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L. 1994 L 11, p. 1) and Article 14 of European Parliament and Council Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ. L 178, p. 1. Edition 13/25, p. 399) - The term "use" trademarks and rights its owner - the pay service sponsored links on the Internet that does not make any advertising for specific products or services, but access to advertisers keywords reproducing ads or imitating registered trade marks and service under the contract provides, through the creation of these key words and priority display of sponsored links to websites on which they are offered counterfeit goods - Conditions of waiver service provider, which stores information provided by the service recipient

Declares

Article 5, paragraph 1, point. a) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States on trade marks and Article 9 paragraph 1 letter. a) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark must be interpreted as meaning that the proprietor is entitled to prohibit an advertiser that a keyword is identical to that mark, which the advertiser without the consent of the owner chose the search engine optimization on the Internet, conducted an ad for goods or services identical with goods or services for which that mark is registered, if the advertising was an average internet user permits or allows it difficult to determine whether products or services to which the advertisement relates, come from the proprietor or the enterprise which is economically connected with him, or vice versa from a third party.

provider of search engine optimization on the Internet, which requires a sign identical with a trademark as a keyword and display advertising provides a means of key words, the sign not used in Article 5, paragraph 1 and 2 of Directive 89/104 or Article 9, paragraph 1 of Regulation No 40/94.

Article 14 of European Parliament and Council Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) should be interpreted as meaning that the rule that it applies to providers of search engine optimization on the Internet if the provider played an active role of such a nature that could be noted that the stored data known or controlled. If you did not play such a role, the provider can not be held responsible for the data saved at the request of an advertiser, except where, after learning of the illegal nature of these data or the activities of the advertisers listed date shall not remove or to not stop the access.

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1 - Ur. L. C 209, 15.8.2008.