The German Federal Supreme Court Decides about Keyword-Advertising

In a decision of December 13, 2012 (I ZR 217/10), the German Federal Supreme Court did not see it as a trademark infringement that a competitor has used the trademark “MOST” as a keyword. According to the German Federal Supreme Court, there is in general no confusion about the origin of goods if, after using a keyword, the advertisement which pops up is clearly separated from the hit-list and only shown in an advertisement block which neither shows the trademark nor a hint to the trademark owner or the goods offered under that trademark.