Google AdWords taken to Court - Part 2

HAMBURG (Germany) 18.08.2004 (PROTEXT) - Metaspinner mediaGmbH now defends its registered trademark "Preispiraten"(http://www.preispiraten.de) against the use as a Google AdWordalso by bringing an action against Google. After Hamburg districtcourt already decided against Google in proceedings concerningthe preliminary injunction, the first hearing will take place onAugust 24th. In this oral proceedings it will have to beclarified whether Google is allowed to use trademarked terms asAdWord for its own advertising and marketing purposes againstthe declared will of the trademark owner. This is whatmetaspinner objects to. "It shouldn't be possible that thecompany's considerable expenditures to build up the brand"Preispiraten" are exploited and siphoned off by advertisingthird parties and particularly by Google," says metaspinner'sattorney Stefan of maas_rechtsanwälte in Cologne. Third partiesare using a high ranking concerning the trademarks used asAdWords, and on the other hand Google itself draws profit fromthese AdWords. So the benefits of both parties are basedexclusively on the accomplishments of the trademark owner. It canbe expected that in the course of the hearing a stand concerningthe arising legal questions will be taken and therefore anoutlook for the potential decission will be allowed. Similar toFrance, where Google's use of registered trademarks as AdWord wastaken to court by Luis Vuitton, the internet travel agency"Bourse des Vols", Rentabiliweb and the AXA insurance group aswell as the suits in filed by the American Blind & WallpaperFactory and Geico in the United States, the marketing strategyof Google Ad Words will now be legally verified in Germany.Central topic of this case is not the general rejection of thistype of advertising, but defining clear lines for the protectionof trademark owners.

Contact: maas_rechtsanwaelte Mr. Stefan Maas, Attorney at LawBeethovenstr. 8 D-50674 Cologne Germany e-mail: ms@ra-maas.de.phone: +49 (0)221 - 8888 760 fax: +49 (0)221 - 8888 7666

Subscribers please note that material bearing the slug"PROTEXT" is not part of CTK's news service and is not to bepublished under the "CTK" slug. Protext is a commercial serviceproviding distribution of press releases from clients, who areidentified in the text of Protext reports and who bear fullresponsibility for their contents.

PROTEXT