Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011

By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London)
“AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European Court of Justice (ECJ) gave a preliminary ruling on questions referred to it by the English High Court in the case between Interflora and Marks & Spencer (“M&S”), regarding the purchase by M&S of the Google AdWord “Interflora” and other similar AdWords. 
In answering the questions referred to it, the ECJ repeated much of the recent jurisprudence in this area, in particular from the Google France case.  Previous cases established that purchasing a third parties’ trademark as an AdWord would only amount to trademark infringement if such use would have an adverse effect on one of the functions of the trademark.  
The ECJ gave the following guidance on how national courts should assess whether the use by a third party of a sign identical with a trademark in relation to identical goods or services has an adverse affect on one of the functions of the trademark:

By: Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London)

“AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European Court of Justice (ECJ) gave a preliminary ruling on questions referred to it by the English High Court in the case between Interflora and Marks & Spencer (“M&S”), regarding the purchase by M&S of the Google AdWord “Interflora” and other similar AdWords. 

In answering the questions referred to it, the ECJ repeated much of the recent jurisprudence in this area, in particular from the Google France case.  Previous cases established that purchasing a third parties’ trademark as an AdWord would only amount to trademark infringement if such use would have an adverse effect on one of the functions of the trademark.  


Continue Reading The Debate for AdWords Ownership in Cyberspace Continues

LALM fall cover.bmpThe Autumn Edition of Law à la Mode is now available online: click here to view the e-magazine.

With a Belgian editorial team for this edition, we wanted to give a flavour of an up and coming fashion capital in the heart of Europe. With a mix of cultures from Europe and beyond, Belgium is fast becoming a key location for new design and innovation in fashion. More than just moules, frites and beer, we are fortunate enough to have some of the most renowned fashion academies in Antwerp and Brussels generating internationally known designers such as Dries Van Noten, Ann Demeulemeester, Martin Margiela and Olivier Theyskens. 
As Belgium is also the hub of EU policy development and creation, we share with you our thoughts on the trends around policy making – steering you through the agenda and potential activity (page 4).
Sustainability being the buzz word of the moment in relation to product development, we have an insight from our UK team on the interplay between the sustainability debate and the fashion industry (page 5).
In the wake of the global financial crisis, this season our US team evaluates what a shift in the wider economic market has meant for franchising activities in the US (pages 6-7), and we discuss the impact of the climate on the UK retail market (pages 12-13).
With more of a focus than ever on the ability to effectively market products to consumers, our experts analyse the finer details of production techniques for cosmetic advertising (page 8) and present our new 10 commandments for online retailers originating from the EU (pages 10-11). We also look into the new EU Regulation on textile labelling, which will impact on all designers (page 9), and a recent CJEU judgement focussed on the liability of online market places where users offer infringing goods (page 14). 
In our regular “A word from the Industry’s Mouth” we share an in-depth insight from a leading Chinese brand hoping to broaden its global fashion image (pages 15-16). And last, but not least, our series devoted to fashion and social media in which our US team evaluates the developing role of social media in the fashion retail space (pages 17-18).
If you have any comments please get in touch with the FRD Group via our email: fashion@dlapiper.com
We hope that you enjoy browsing through this season’s collection of articles.

With a Belgian editorial team for this edition, we wanted to give a flavour of an up and coming fashion capital in the heart of Europe. With a mix of cultures from Europe and beyond, Belgium is fast becoming a key location for new design and innovation in fashion. More than just moules, frites and beer, we are fortunate enough to have some of the most renowned fashion academies in Antwerp and Brussels generating internationally known designers such as Dries Van Noten, Ann Demeulemeester, Martin Margiela and Olivier Theyskens. 

As Belgium is also the hub of EU policy development and creation, we share with you our thoughts on the trends around policy making – steering you through the agenda and potential activity (page 4).

Sustainability being the buzz word of the moment in relation to product development, we have an insight from our UK team on the interplay between the sustainability debate and the fashion industry (page 5).


Continue Reading Law à La Mode – Autumn Edition