Volume: 13 Issue: 11
(November 2011)

Keywords:
keywords keyword advertising round-up eu cases with growing importance online advertising courts sought balance maintaining legitimate competition between parties wanting

Jurisdictions:
EU Europe England UK

Keywords: Keyword advertising: a round-up of EU cases

With the growing importance of online advertising, courts have sought to balance the need for maintaining legitimate competition between parties wanting to advertise their goods and services and attract customers online. Decisions on keyword advertising have examined the potential liability of advertisers, users, online marketplace operators and internet service providers (ISPs). The most recent Court of Justice of the European Union (CJEU) decision, in Interflora v Marks & Spencer, considers keyword advertising using trade marks with a reputation and gives further guidance on the functions of a mark, as Rachel Fetches and Emily Peters, of Bird & Bird, discuss.

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