Tuesday, 23 March 2010 19:48

GOOGLE'S EUROPEAN VACATION

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In a decision released earlier today, the European Court of Justice held that Google was not liable for the sale of AdWords to a retailer who, in turn, used the trademarked keywords in connection with the sale of counterfeit goods. The decision stemmed from Google's nearly five-year old appeal of a French decision in favor of Louis Vitton. Pursuant to the Court's holding, Google is not responsible for investigating the authenticity of a retailer's goods prior to selling its keywords. Nevertheless, with an eye toward future litigation, the Court did call for more transparency from companies such as Google with respect to the identity of sellers purchasing and using the trademarked keywords.

Read the decision here.

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Francisco Ferreiro

Mr. Ferreiro earned his bachelor’s degree with honors from the University of Florida. He earned his law degree with honors from the University of Florida Levin College of Law, where he also served as Research Editor for the Florida Law Review. He concentrates his practice in Trademark Prosecution, Intellectual Property Litigation, and Copyright Law. Mr. Ferreiro is admitted to practice law in Florida and New York state courts, as well as in the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Circuit.