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Google won in Europe over the perfume and alcohol LVMH company

2010-03-23

European High Court today expressed support for Google in the trial of the Internet company with goods consumer LMVH. The Louis Vuitton Moet Hennesy company accused Google of illegally selling the rights to advertise via AdWords counterfeit products, copyrighted by LVMH. Today in this company portfolio such brands as Louis Vuitton, Moet & Chandon, Dior and others.

In its lawsuit LMVH argued that the business practices of Google's sale of rights to the keywords-brands for advertising fraud is illegal and Internet company should be liable for copyright infringement. At the prosecuting of the suit claimed that Google does not have any rights to the brand Dior, Louis Vuitton and others, and therefore can not dispose of them, getting a profit.

"Google does not violate trademark law by allowing advertisers to buy keywords related to the trademarks of their competitors", - said in the conclusion of the court.

Lawyers say that the EU tribunal first time was forced to clarify the rights of companies such as LVMH, to prevent the use of registered trademarks as keywords. "While contextual advertising system will remain for the Google main source of income, we could argue that such court decision - a big win for Google", - believes an independent lawyer Steen Dibien of the company's Field Fisher Waterhouse.

However, thу Supreme Court opinion stated that the company, wich unhappy with the policy on the use of trade marks, can be considered similar cases in European national courts.

"It is important to stress that we should distinguish between the legitimate use of certain trademarks from illegal or complete ban on such practices. Because in this case, the use of keywords may not lead to pages with fake goods and services, for consumers there is no harm", - court conclusion said.

source: CyberSecurity
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