Google AdWords taken to Court - Part 2
Hamburg (Germany) - metaspinner media GmbH now defends its registered trademark
"Preispiraten" (www.preispiraten.de) against the use as a Google AdWord also by bringing an action against Google. After Hamburg district court already decided against Google in proceedings concerning the preliminary injunction, the first hearing will take place on August 24th. In this oral proceedings it will have to be clarified whether Google is allowed to use trademarked terms as AdWord for its own advertising and marketing purposes against the declared will of the trademark owner.
This is what metaspinner objects to. "It shouldn't be possible that the company's considerable expenditures to build up the brand "Preispiraten" are exploited and siphoned off by advertising third parties and particularly by Google," says metaspinner's attorney Stefan of maas_rechtsanwälte in Cologne. Third parties are using a high ranking concerning the trademarks used as AdWords, and on the other hand Google itself draws profit from these AdWords. So the benefits of both parties are based exclusively on the accomplishments of the trademark owner.
It can be expected that in the course of the hearing a stand concerning the arising legal questions will be taken and therefore an outlook for the potential decission will be allowed.
Similar to France, where Google's use of registered trademarks as AdWord was taken to court by Luis Vuitton, the internet travel agency "Bourse des Vols", Rentabiliweb and the AXA insurance group as well as the suits in filed by the American Blind & Wallpaper Factory and Geico in the United States, the marketing strategy of Google Ad Words will now be legally verified in Germany. Central topic of this case is not the general rejection of this type of advertising, but defining clear lines for the protection of trademark owners.
Mr. Stefan Maas, Attorney at Law
phone: +49 (0)221 - 8888 760
fax: +49 (0)221 - 8888 7666