Document type
Court Decision
Country
(1) A pharmaceutical company is the holder of a registered trademark 'Glucochondrin'. A third party has used the word 'glucochondrin' for the purposes of keyword advertising in Google Adwords. The trademark holder sued Google for the trademark infringement.
(2) The Court ruled that the operator of a search engine cannot be held liable for trade mark infringement by a third party using its keyword advertising tool if the infringement is not apparent to a ‘legal layman’ and if the operator hadn’t been informed of the infringement.
Country
Year
2005
Topic, claim, or defense
Other IP
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Search Engine or Index
Type of law
Civil
General effect on immunity
Strengthens Immunity