Google Loses Second French Trademark Lawsuit

from the sense-a-trend... dept

Coming just weeks after a French court seemed to misunderstand the purpose of trademarks a second French court has ruled that Google cannot sell ads based on trademarked keywords. This time, the case was brought by Louis Vuitton Malletier. Here, the argument appears to make a bit more sense on its face, as it wasn't competitors that LVM was worried about, but counterfeiters selling products to people who searched on the Louis Vuitton name. Except... that's wrong. Louis Vuitton Malletier should be going after the counterfeiters, not Google. The counterfeiters are the ones who are breaking trademark law by advertising products that aren't actually Louis Vuitton. So, why is Google involved at all? They're just offering the platform by which these ads are placed and shouldn't be responsible at all for the content of those ads. Furthermore, as long as the ads aren't confusing buyers about the nature of the products, then there's no reason for it to be trademark infringement. It's just in cases where there is confusion -- and then it's the company doing the confusing that should be taken to court.
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  1. identicon
    arantius, 7 Feb 2005 @ 6:20pm

    Re: Correlation?

    Oh please, don't waste your breath. You know in that context P2P means a filesharing network like Napster, Kazaa, Gnutella, etc, etc.

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