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Confused Kat in search of AdWord. Keyword help

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

Hoping to do some writing on the subject, IPKat team member Jeremy has been pondering the legal position of trade mark owners, internet traders, internet service providers and name purchasers in a situation where a purchaser buys, for use as an adword or keyword, a term that is registered by another person as a trade mark. It seems to him that there are quite a few decisions popping up these days from courts around Europe and there is no consistency in them in terms of application of legal principles to the facts. This has now led to the making of a reference to the European Court of Justice on a number of topical questions.

Jeremy thinks it would be interesting to chart national case law in Europe so far and wonders if his readers can tell him if anyone has already compiled a country-by-country scoreboard. If no-one has yet done this, Jeremy will be quite happy to have a go at this himself, since it's a useful research resource that he'd be willing to share with his colleagues. So, if you can point him in the direction of this data, he'd be hugely grateful. If not, please email him -- using the term Key as your email subject title-- and let him know of cases in your jurisdiction.

Full post as published by IPKat on June 16, 2008 (boomark / email).