Christina Schulte-Braucks summarises the guidance provided by the Court to advertisers to ensure compliant AdWords practice. The claimant, BBY, who offered erotic products on its website " www.
The defendant, Eis. When the term "bananabay" was searched for via the Google, the following ad would appear:. BBY sent a warning letter to Eis. The two courts of first instance, the District Court and the Higher Regional Court of Braunschweig, had found in favour of the claimant.
Back before the German Federal Court, the judges faced the task of putting these European guidelines to practice. This judgement is of particular interest to all companies wishing to use AdWords in advertising.
Unlike some decisions by European Courts, this judgement provides some practical advice on how to avoid trade mark infringement. First of all, in order to exclude any likelihood of confusion or "vagueness", the advertiser should not display the original trade mark that he used as an AdWord in the sponsored link advertisement.
Furthermore, he should avoid including any unnecessary references to the trade mark owner or his competing products.
In addition, care should be taken that the link or domain name is not similar to the original trade mark used as an AdWord. Tags: On-line advertising.