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Search Engines Searching for Trouble? Comparing Search Engine Operator Responsibility for Competitive Keyword Advertising Under EU and US Trademark Law

82 Pages Posted: 17 Aug 2011  

Stefan Kulk

Utrecht University - Centre for Intellectual Property Law; Utrecht University School of Law (the Netherlands)

Date Written: July 1, 2011

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.

Keywords: search engine liability, trademark law, keyword advertising, adwords, EU, US

Suggested Citation

Kulk, Stefan, Search Engines Searching for Trouble? Comparing Search Engine Operator Responsibility for Competitive Keyword Advertising Under EU and US Trademark Law (July 1, 2011). Available at SSRN: https://ssrn.com/abstract=1911038 or http://dx.doi.org/10.2139/ssrn.1911038

Stefan Kulk (Contact Author)

Utrecht University - Centre for Intellectual Property Law ( email )

Janskerkhof 12
Utrecht, 3512 BL
Netherlands

HOME PAGE: http://www.cier.nl

Utrecht University School of Law (the Netherlands) ( email )

3508 TC Utrecht
Utrecht
Netherlands

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