NEWS CJEU rules on keywords jurisdiction dispute
Keyword advertising disputes can be heard by courts either in the country the disputed trademark is registered in, or the country the advertiser is located in, the Court of Justice of the EU (CJEU) has ruled.
In Wintersteiger AG v Products 4U, Austrian ski manufacturer Wintersteiger said its name had been infringed by German company Products 4U. The German company, which sold accessories for ski manufacturers, registered ‘Wintersteiger’ under
google.de so that searches for the name also prompted a link to its own website.
Wintersteiger filed for an injunction in the Austrian courts, arguing that
google.de could be accessed in Austria. But Products 4U contested the international jurisdiction of the
Austrian courts and said the advertisement was intended only for German customers.
In Austria, the court of the first instance had ruled that national courts did not have the jurisdiction to rule on the case. The Court of Appeal, by contrast, said it had the jurisdiction but dismissed Wintersteiger’s claims. On appeal, the Supreme Court referred the case to the CJEU, asking it to rule on jurisdiction.
The court ruled first that the company owning the trademark Wintersteiger “must” be able to bring an action in that same country. It then said that although the technical display process was owned by Google, the advertiser’s location must be held to be where the display process is activated. Actions, therefore, may also be brought in that country.
Deloitte confi rms .brand gTLD application
Multinational auditing company Deloitte has confirmed that it has applied to operate a .deloitte generic top-level domain (gTLD).
There are 22 gTLDs at the moment, of which .com is the most often registered.
The Internet Corporation for Assigned Names and Numbers (ICANN), which manages the domain name space, originally accepted applications for new gTLDs from January 12 to April 12, 2012. But owing to a technical fault, ICANN was forced to shut down the online application until at least April 30, 2012, saying it would be live for another five days upon reopening.
Although its interest in applying has been known for some time, Deloitte confirmed that a gTLD would give its brand a more personalised online presence. “The .deloitte TLD will offer improved site accessibility and usability to Deloitte member firm clients and recruits, and lay a foundation for future online innovation,” said managing director of
6 Trademarks Brands and the Internet Volume 1, Issue 2
global brand and communications, Heather Hancock.
Deloitte said a new domain would increase security around the company’s internal online activity. It
also cited reducing counterfeit
goods and tackling cybersquatting as other reasons for applying. “The safeguarding of corporate IP is a top priority,” Tracey Edwards, global chief knowledge officer, added. “The .deloitte TLD will further reinforce the safety of Deloitte member firms’ IP.”
Other brands to announce that they will apply for a gTLD are Canon, Hitachi, StarHub and Scandinavian Systems Airline Group. Google said it will apply for some of
its trademark terms but has not specified which ones.
Deloitte has also been employed by ICANN to review gTLD applications. From June to November 2012, Deloitte and KMPG auditors will assess whether applicants meet stringent financial and technical standards for operating a domain name registry.
www.worldipreview.com
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