The Google Adwords system, allowing undertakings to purchase keywords and display advertisements on their basis, leads to legal difficulties when a keyword is a third party trademark. The growing number of French decisions against Google brings us to establish a portrait of the most significant aspects.
The Paris First Degree Court has decided that emails sent from package-internet@hotmail.com address for commercial prospecting purpose should be considered as trademark infringement. For the Court, a medium care consumer would wrongly consider that the emails in concerns have been sent with the help of the HOTMAIL trademark holder. Non-authorized use of a third party …
DADVSI partially censored but finally enacted ! After its examination by the French Senate and the National Assembly, a few Parliament members referred the law to the French Constitutional Council. During July, the Council censored 3 points of the law: -The notion of interoperability was unclear and then, could not constitute a case of exemption …
On May 24, 2006, 1 807 686 European domain names were reported among which 346 218 in the sunrise period. Germany is at the first position with 585 085 domain names. Last position is for French Guyana with only 6. France holds the fifth position. Will the .countries of European union will leave their place …
January 10, 2006 : The Eurostar railway network and the Eurostar Dutch diamond merchant both applied for the domain name eurostar.eu, on the basis of legitimate registered trademarks EUROSTAR but the Dutch company was 6 minutes faster. The railway network chose to contest EDT’s application before the French Commercial Court on the basis of a coexistence …
October 21, 2005 : The WIPO arbitration and mediation center retained that the registration and use of the domain name lesechos.fr was infringing title right on LES ECHOS, the French economic magazine, along with its protection under French law and ordered the transfer of the domain name to the magazine.
December 16, 2005 : The web site zone-privee.com was ordered to make unavailable its content because of the resemblances with an earlier web site vente-privee.com because it had the same architecture, identical colors used on the same emplacements, and same advertisings presentation with the same script as vente-privee.com
December 8, 2005 : The Paris Tribunal of First Instance stated that there was no counterfeiting when GOOGLE offered to CARTEPHONE company, specialized in phone cards trade, the key word KERTEL which is the mark of KERTEL company, involved in prepaid phone cards, because the use of the sign is made with no proposal of products …
