Portakabin case leaves national courts to decide user confusion
09 July 2010
Fionn O'Raghallaigh, London
Yesterday’s decision by Europe’s highest court has left open the question of how national courts will interpret an internet user’s confusion about where a Google AdWords advertisement originates, according to European practitioners
This July 8 the Court of Justice of the EU (CJ) issued its ruling on the long-awaited decision in the case between mobile buildings maker Portakabin and its rival Primakabin over the latter's use of Google AdWords that are similar or identical to Portkabin's trade marks.
The case is the latest decision from the CJ regarding keyword use, but also included issues related to exhaustion of trade mark rights.
Simon Chapman of Lewis Silkin said that "on the face of it, it follows the earlier decisions and refers the ultimate determination back to the national court".
Both Chapman and Willem Leppink of Ploum Lodder Princen believe...
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