Google Adwords ECJ referral Decision

June 1, 2009

Now that the High Court in Interflora v Marks & Spencer has suggested a referral to the European Court of Justice (ECJ) on the question of trade mark infringement for using of competitors’ keywords in adwords campaigns, (reported by the Ipkat ) it takes to seven the number of referrals to the ECJ on this subject from various European courts.

So, we will be watching with interest for the first ECJ decision which is expected on 4th June.  It will be about the French Cour de Cassation’s referral.  (For background information on this, courtesy of the Ipkat, see French blogger Frédéric Glaize’s and posts on the Class 46 blog here, here and here.)  Although the referral from the French court was on the question of the liability of Google as the search engine rather than on the liability of the advertiser – Marks and Spencer – it will, nevertheless shed light on the ECJ’s views in this important area.

It is generally expected that this topic will remain unclear even after the ECJ’s decisions are known.