Managing Intellectual Property

Date set for ECJ AdWords opinion

19 August 2009

James Nurton, London

Trade mark owners should have their first insight into how the European Court of Justice will treat Google’s Adwords policy next month

ECJ Advocate General Luís Miguel Poiares Pessoa Maduro is scheduled to publish his opinion on three linked cases referred from France on September 22, according to the Court’s timetable.

The opinion was expected to be published earlier this year, but was delayed. ECJ opinions are not binding on the court; a full judgment is unlikely to be published until next year.

The cases, between Google France and a number of brand owners, address Article 5 of the Trade Mark Directive, and the referring court has asked questions including whether the use of a trade mark...



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