AdWords

Decision of OGH (Austrian Supreme Court) of 20/05/2008, file number: 17 Ob 3/08b

Also the Austrian Supreme Court deals with the question whether the use of a brand as a Keyword in the advertisement on the hit lists of searching machines should be left to the trademark owner, the case has been presented to the European Court of Justice for a preliminary decision. Besides it is doubtful whether the danger of confusion could be excluded if the advertisement  is or is not performed in the hit list.

Judgement of BGH (Federal Supreme Court) of 22/01/2009, file number: I ZR 125/07

In three announced decisions, the I civil court of appeal of  the Federal Court of Justice, responsible for Trademark Law, has got involved with trademark jurisdiction judgement on the use of external signs as keywords to trigger the display on sponsored ads in the search engine operator Google (so called Adwords).