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Comments for Austrotrabant's Blog



As I keep researching for my Doctoral Thesis...



Last Build Date: Sun, 22 Sep 2013 08:06:34 +0000

 



Comment on *BGH: Clear Win For Google AdWords in German Eis.de / Bananabay II Case by 6 Bgh Adwords Sites - The Ultimate Keyword Research Website

Sun, 22 Sep 2013 08:06:34 +0000

[…] *BGH: Clear Win For Google AdWords in German Eis.de .Jul 19, 2011 - […]



Comment on *Dynamic Keyword Insertion – Stairway To Trademark Infringement? by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:56 +0000

[...] the text of the lower court (OLG Braunschweig, 24.11.2012, 2 U 113/08, MOST-Pralinen) that a “dynamic keyword insertion” has been used. However, it is interesting that although “pralinen” was entered [...]



Comment on *ECJ Decision in C-323/09 INTERFLORA – ‘Same, Same But A Different Trademark Function’ by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:51 +0000

[...] A more detailed analysis will follow, once the BGH has published the full text of its decision. It remains open whether this decision will influence the High Court of England and Wales in its -still outstanding- decision in “Interflora“. [...]



Comment on *Defeat For Google – Victory For TM-owners? Austrian OGH First National Court To Decide On Keyword Advertising: OGH 21.06.2010, 17 Ob 3/10f, Bergspechte by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:48 +0000

[...] Display-URL points to a third-party website but also openly contradicted the Austrian OGH (“Bergspechte II“) and the French Cour de cassation (“Eurochallenges”), stating that there was no [...]



Comment on *BGH: Clear Win For Google AdWords in German Eis.de / Bananabay II Case by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:45 +0000

[...] makes the press release however truly interesting is that the court not only (re-)affirmed its (Bananabay II) interpretation of the ECJs Google France decision that the booking of a sign identical to a [...]



Comment on *First German Post-Google-France Ruling: OLG Braunschweig Compares Google To A Shop-Assistant And Once Again Finds A Trademark Infringement by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:40 +0000

[...] a detailed summary of this case please see my previous post and an article by Clark/Schubert, Journal of Intellectual Property Law and Practice, 2011, Vol. 9, [...]



Comment on *Google’s Keyword Tool: ‘Suggestions for TM-Infringements’ or ‘Neutral Ideas’? by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:37 +0000

[...] In a press release, the German Supreme Court (BGH, 13.12.2012, I ZR 217/10, MOST-Pralinen) stated that the booking of a generic term (“pralinen”) as a keyword on Google AdWords whilst using the “broad match” function, does not constitute a trademark infringement, when users, entering a query (“Most pralinen”) similar to the trademark  of a competitor (“MOST”) as a search term, are shown ads for other companies than the one of the trade mark owner, although (1) the text of the (side-)ad does not explicitly rule out any possible commercial connection between the TM-holder and the competitor and (2) when booking the keyword “pralinen” on Google AdWords the term “MOST Pralinen” was suggested as a “Keyword Idea” by the Google AdWords Keyword Tool. [...]



Comment on *AdWords Broad Match Function: A Rich Playground for ‘Geeks’ But A Hard Nut To Crack For ‘Jurists’ by BGH: MOST-Pralinen; German Supreme Court remains liberal on Keyword Advertising & contradicts Austrian and French Supreme Courts « Austrotrabant's Blog

Mon, 17 Dec 2012 07:02:34 +0000

[...] of a generic term (“pralinen”) as a keyword on Google AdWords whilst using the “broad match” function, does not constitute a trademark infringement, when users, entering a query [...]



Comment on *Empirical Research on the User’s Perspective of Keyword Advertising by *Empirical Research on Consumers’ Perspective of Keyword Advertising (II) « Austrotrabant's Blog

Sat, 15 Dec 2012 20:54:04 +0000

[...] three years ago I posted a summary of all the studies back then available related to this topic. I’d say some of the points knowledge/attentiveness [...]



Comment on *Google Streetview: Being Yelled At For Being ‘Perfectly Honest’? by Mr Data

Mon, 01 Oct 2012 10:48:33 +0000

They got cameras in Britain watching your every move without the consent of the people and they are worried about still photography that will take a long time to be updated? Anybody else see something wrong here?