Google loses trademark case in France

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I think it's more complex than that

Google are selling the keywords. To continue your analogy, the travel agent would sell the words "United Airlines", then anyone asking about UA would be recommended to travel via the airline of whoever bought the words. Say the words are bought by a bus line; the agent would try to dissuade the traveller from flying at all and rather to travel by bus.

The words "United Airlines" only have value in this context if UA have created a market brand that is recognisable. Google don't have the right to use UA's trademark to make a profit.

If I have a shoe store that sells Nike shoes, I can't emblazon the Nike label across my window to draw shoppers, I must use officially sanctioned signage or none at all. Google are effectively selling large "Nike" signs to draw shoppers to shoe stores.

Google are likely quite able to continue to offer search results based on trademark searches, but to sell access to those trademarks goes beyond the law, at least in France.

Posted by: Fred Fredrickson   Posted on: 02/06/05 You are currently: a Guest | Members login | Terms of Use

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