In a Tuesday move that spelled support for Google's ongoing trademark infringement lawsuit, European Union's adviser and Advocate General Poiares Maduro recommended that the Luxembourg-based European Union Court of Justice allow Google to use brand names, like Louis Vuitton or Coca-Cola, as advertising words.
Saying that "Google has not committed a trademark infringement by allowing advertisers to select, in AdWords, keywords corresponding to trademarks," Maduro recommended that the court clear Google in the several trademark violation lawsuits, filed in France by brand owners like LVMH Moët Hennessy Louis Vuitton.
Elaborating on his opinion, which goes in Google's favor, Maduro said that since trademarks are used in a restricted manner - pertaining only to the selection of keywords internal to AdWords -, they concern only Google and its advertisers.
Maduro added that the selection of the brand-name keywords does not entail the sale of any product or service to the users; and, hence, there is no question of a trademark infringement on the part of either Google or its advertisers using the brand names.
Noting that on the Internet, the brand owners "do not have an absolute right of control over the use of their trademarks," Maduro said: "It is important not to allow the legitimate purpose of preventing certain trademark infringements to lead all trademark uses to be prohibited in the context of cyberspace."
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