CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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TUESDAY, 13 JULY 2010
AdWords: French Supreme Court remits Google v Vuitton case to the appeal court
Back in May 2008 the French Supreme Court (cour de cassation) referred a number of questions to the ECJ, requesting a preliminary ruling in the now famous case between Louis Vuitton Malletier and Google over contextual advertising.
Tags: AdWords,
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AdWords: French Supreme Court remits Google v Vuitton case to the appeal court
Back in May 2008 the French Supreme Court (cour de cassation) referred a number of questions to the ECJ, requesting a preliminary ruling in the now famous case between Louis Vuitton Malletier and Google over contextual advertising.
On March 2010, the ECJ issued its first decision regarding the interpretation of the Trade Mark and Electronic Commerce Directives in connection with AdWords.
The cour de cassation then took back the case and issued another decision on 13 July 2010. The cour de cassation can rule only as far as application of the law is concerned; it cannot examine factual matters. This is the reason why, according to some news items (see a press release here in French and this article in the SF Business Time), the case was referred to the Paris Court of Appeal “in order to assess whether the conditions for the French courts to be competent are fulfilled”.
Posted by: Frédéric Glaize @ 15.12Tags: AdWords,
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Reader Comments: 2
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Submitted By: Maximilian Schubert
13 July 2010 @ 15.48
Is this more than a mere procedural step?
13 July 2010 @ 15.48
Is this more than a mere procedural step?
Submitted By: Frédéric Glaize
13 July 2010 @ 16.19
In the meantime, I got a copy of the decision. There is indeed more than a mere procedural aspect in this.
13 July 2010 @ 16.19
In the meantime, I got a copy of the decision. There is indeed more than a mere procedural aspect in this.
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