Keyword advertising from a German perspective

By Katharina Reuer

A recent German case from December 2012 — ‘MOST-Pralinen’, concerning keyword advertising — shows the significant margin of appreciation national courts have to apply to European Court of Justice (CJEU) case law. 

In the MOST-Pralinen case, the defendant bid on the generic keyword ‘Pralinen’ using Google’s ‘broad match’ function. This function then added the word ‘MOST’, giving ‘MOST Pralinen’, with the result that the defendant’s advertisement displayed in response to searches for ‘MOST Pralinen’.

By asking this, the GFC has introduced a filter. Where the internet user would be aware that the claimant and the defendant were not connected but in competition, this knowledge may mean that the claimant’s trade mark is not adversely affected by the defendant’s activities…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

  • Money 317

    Crunch boom

    Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of Lawyers: 860
No. of Lawyers (Asia Pacific): 79
Offices (Asia Pacific): 3

Jobs