Google Wins Lawsuit In Germany Over Trademarked Terms

Legal Issues

from the good-news dept

While the courts in the US still seem to be a bit confused over the purpose of trademarks in lawsuits against Google concerning advertising based on trademarked keywords, it looks like the German courts may have a clearer picture. A similar lawsuit brought against Google in Germany has been dismissed, though details are not given. Again, the purpose of a trademark is to avoid confusion for the customer. That is, it’s designed to protect another company from misleading someone into believing they’re a different (usually more popular) company. However, advertising somewhere where people are looking for a particular brand is simply good marketing, not trademark infringement. Just go into your local supermarket, and look at all the similar products stacked near each other, the aisle coupons for other products, and the receipt coupons advertising competing products after you pay. There’s no confusion over brands — it’s just advertising.