Abstract
Confirming its precedent in Bananabay II, the Bundesgerichtshof held that booking a competitor's trade mark as an advertising keyword did not amount to trade mark infringement, provided the ad contained no reference to the trade mark owner or its products, was visually separated from the natural search results and the ‘display-URL’ shown in the ad pointed to a website that was not that of the trade mark owner—even if the ad itself did not expressly state that the advertiser and trade mark owner were not economically linked.
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