Abstract

https://ssrn.com/abstract=1911038
 
 

References (39)



 


 



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


Stefan Kulk


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

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.

Number of Pages in PDF File: 82

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


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Date posted: August 17, 2011  

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

Contact Information

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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