Cases

Google France, Google Inc. v Louis Vuitton Malletier

Held

Remitting the case to the domestic court:

(1) Google's use of trade marks in the AdWords service was not an infringement;

(2) In order to establish whether the liability of a referencing service provider may be limited under Article 14, it was necessary to examine whether the role played by that service provider was neutral, that is, its conduct was merely technical, automatic and passive. The mere fact that the referencing service was subject to payment, as Google's was, did not deprive Google of the benefit of Article 14. The role played by Google in drafting the commercial message which accompanies the advertising link or in the establishment or selection of keywords was relevant. The essential test contemplated by Article 14 was whether the service provider had played an active role of such a kind as to give it knowledge or, or control over, the data stored. In the present case the national court was best placed to be aware of the actual terms on which the service was supplied.

 

Also