Today at the ECJ, a hearing was held in the case opposing Google to Louis Vuitton on keyword advertising. A preliminary ruling was requested by the French supreme court in this regard (our previous post).

Stéphanie Bodini reports the main arguments that were exchanged at the hearing of 17 March 2009.

On Google side, Me Alexandra Neri said that:

• “Google makes money not by reason of the nature of the keyword, but by someone clicking on the keyword”
• Keywords aren’t visible and therefore can’t be considered a protected trademarks
• Google “doesn’t seek to play policeman to control what the advertisers do”

• “Google’s advertisement activities have given companies which sell fake products unprecedented visibility beyond their wildest dreams”
• Google didn’t act quickly enough when it received Louis Vuitton’s complaint and it didn’t change its system
• “Google is perfectly capable” to block infringing uses of trademarks everywhere, “but it won’t do so until it is legally required to do so”