Recognizing an Internet Renaissance for the European Court of Justice: The Quest for Certainty in the Preliminary Rulings on Keyword Use of Competitor’s Trademark

Abstract:     
This paper concludes that there's a new - and often under-appreciated - internet lawmaker in the continent, illustrating the entailing practical consequences for various operators. At the same time, this is a story about how the Internet impacts the historical role of that institution in question, the European Court of Justice.

These examinations are carried out via a case study on a phenomenon called the use of competitor's trademark in search engine keyword advertising.

Number of Pages in PDF File: 114

Keywords: European Court of Justice, Political Science, Trademark Law, Google France, Legal Realism, Cyber Law, Montesquieu, Judicial Activism, Cassis de Dijon, Keck and Mithouard, EU Law, Legal Certainty, Search Engine, Keyword Advertising, AdWords

Accepted Paper Series