European Court Of Justice, Google France SARL And Google Inc. V ...

Skip to main content 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 Region European Union June 21, 2018 March 23, 2010 See source 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. Region European Union 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 Go to #target# page Explore more entries Share