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Google France looses counterfeit claim in France
Rentabiliweb vs. Google France
The 3rd Chamber of the High Court of Lyon has decided on March 13, 2008 that the company Google France has committed an infringement of the trademark rights on the French trademark “Rentabiliweb” by referring to a concurrent company in the “Sponsored links” when hitting the search results on the term “Rentabiliweb”.
The owner of the trademark French “Rentabiliweb” and the licensee of the referred French trademark have sued the companies Google France and the company Clic-Event.com, owner of the website www.tel4moeny.com on trademark counterfeiting by misusing its trademark Rentabiliweb.
When searching for the term “Rentabiliweb” on the French “google” website, the hits shown under the rubric “Sponsored Links” showed a link to the website www.tel4moeny.com of Clic-Event.com, offering services identical to the trademark licensees’ on its website www.rentabiliweb.com, because the “AdWords” provided by Clic-Event.com include this term.
Google France argued that it was technically impossible to check if the terms used as an “AdWord” were protected signs.
The High Court of Lyon did not refer to this argument and concluded that Google France committed a trademark infringement when fulfilling its obligations resulting out of the contract with Clic-Event.com by listing the website of a concurrent under the rubric “sponsored links”, because this listing give the impression of commercially linked undertakings, in particular, because the referred rubric is called “lien commercial” (“commercial links”) in French.