The German Federal Supreme Court Decides on AdWord/Advertising at Google

On January 22, 2009, the German Federal Supreme Court has decided on three cases concerning adWord advertising at Google. Hereby, a third party trademark or company name is used as a keyword in the frame of a Google search to place an advertisement next to the hit-list. In a first case a third party trademark was used to place advertisement for identical products. The German Federal Supreme Court has referred the question as to whether this constitutes the use "as a trademark" to the European Court of Justice. In a second case the letters "pcb" were used to place advertisement for printed circuit boards. The Supreme Court has denied an infringement of the trademark "PCB-POOL" because “pcb” was only used in a descriptive manner for "printed circuit boards". A third case concerns alleged infringement of a company name which was identically used as an AdWord. The Supreme Court has denied the alleged infringement of a company name right because, according to the court, the internet user knows that the advertisement next to the hit-list does not come from the company he was looking for.