Abstract
In both the EU and the US, trademark owners have sued search engine operators for using their trademarks as triggers in competitive keyword advertising. EU and US courts have taken a different approach to search engine operator liability for such invisible keyword use. The article outlines these different approaches and argues that the ECJ made the right decision when it pushed search engine operator liability outside the realm of trademark law in Google v. Louis Vuitton. However, after this decision, search engine operator liability in the EU is all but clear.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have