European Court of Justice, Google France SARL and Google Inc. v. Louis Vuitton Malletier SA, C-236/08, Google France SARL v. Viaticum SA and Luteciel SARL (C-237/08) and Google France SARL v. Centre national de recherche en relations humaines (CNRRH) SARL and Others, C-238/08, joined cases

Document type
Court Decision
Considering the contributory liability for trademark infringement of an hosting provider auctioning words corresponding to the plantiffs' trademarks while operating an online advertising service. The ECJ found that the provider does not infringe trademark law by allowing advertisers to purchase potentially infringing keyworks trough their services. In particular, (1) a provider, which (a) stores, as a keyword, a sign identical to a trademark and (b) organizes the display of advertisements on the basis of that keyword does not use the sign within the meaning of trademark law. (2) Additionally, the safe harbors provided by Directive 2000/31/EC apply if the service provider (a) has not played an active role that gives it knowledge of, or control over, the data stored or (b) having obtained knowledge of the unlawful nature of those data or of that advertiser’s activities, it failed to act expeditiously to remove or to disable access to the data concerned. If (a) and (b) do not apply, that service provider cannot be held liable for the data which it has stored at the request of an advertiser.
Year
2010
Topic, claim, or defense
Other IP
Document type
Court Decision
Issuing entity
Transnational Court
Type of service provider
Search Engine or Index
Advertising
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Strengthens Immunity