Sponsored Links and Trademark Infringement PDF
By:Daniel Kalisch
Published on 2013-09 by GRIN Verlag
Master's Thesis from the year 2011 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 16/20, Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, comment: Supervisor Prof. said: |This paper inspired me and is very logically structured|, abstract: ISP's legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP's secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP's knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Goog
This Book was ranked at 30 by Google Books for keyword Trademark.
Book ID of Sponsored Links and Trademark Infringement's Books is b3n_rtDY_nIC, Book which was written byDaniel Kalischhave ETAG "7XPpn6k+vNo"
Book which was published by GRIN Verlag since 2013-09 have ISBNs, ISBN 13 Code is 9783640991426 and ISBN 10 Code is 3640991427
Reading Mode in Text Status is false and Reading Mode in Image Status is true
Book which have "90 Pages" is Printed at BOOK under Category
Book was written in en
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