Thursday, 25 March 2010

Google vs. Louis Vuitton: Seek and You Shall Find... Well Not Only Your Brand, But Your Competitors

Yes, sadly Google has emerged victorious in its 5-year battle with Louis Vuitton over luxury goods trademarks.

This victory, in the European Court of Justice (ECJ), means the internet search engine is not liable when people (in particular counterfeiters) use the luxury goods maker's trademarks in online ads.

According to the LA Times, the ECJ said that Google is merely a provider of advertisements, not a company infringing trademark rights. It ruled that only advertisers are liable for infringing a trademark, and not the company providing a place for ads.

But Google didn't escape completely unscathed. The ECJ also ruled that if a trademark owner believes that its name is being used illegally, Google must remove the infringing ads from its service. If it doesn't, it could be liable for trademark infringement.

Click here for our earlier thoughts on this court case.

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Who's behind the MO DOWN

Melinda O’Rourke is the founder and Director of MO Luxury, a dynamic, Sydney-based management firm specialising in luxury brands and services. Melinda and her associates at MO work with local and international brands across prestige retail, fashion, fine jewellery, timepieces and specialised services. Melinda is well-connected, well-read, and well-versed in the demands of the luxury market and its client base. Her advice is firmly based in objectivity and ultimately, accountability. Melinda offers constructive counsel and both strategic and creative thinking and is able to draw upon a strong network of specialised talent to compliment the MO Luxury team as needed. Melinda enjoys excellent industry relationships and is regularly quoted in the business and fashion media. Read more about MO Luxury,