[UPDATE 27.06.2009] Looking at the L’Oréal decision, rendered on the 18th of June, it doesn’t look too good for keyword advertises as the ECJ in this judgement has more or less granted protection to the communication- and advertising-function of a trademark … under certain circumstances. So, let’s see…
The World Trademark Review reported that the opinion of the advocate general of the European Court of Justice on the controversial French Google Inc. v Louis Vuitton Malletier, Google France v Viaticum, Luteciel keyword cases (C-236/08, C-237/08, C-238/08), due to be published on the 4th of July, has been postponed.
The advocate general reportedly has written to all the concerned parties before the 4th of June to explain that the opinion would be delayed. The WTR assumes that the delay is caused by the high number of referrals from across the European Union (so far from Austrian, Dutch, French, German and UK courts). The question remains if the ECJ may issue an opinion that can be applied to the questions raised or if all cases shall be dealt with separately and on its own merits.
Another reason why the AG has not delivered anything yet might be, because the UK High Court is currently working on another preliminary ruling. I am personally very much looking forward to this one as Judge ARNOLD has shown impressive understanding of the issue in his decision issued on the 22nd of May. If you only have time to read one decision on the topic of keyword advertising, chose this one! Its very well structured, technically 100% correct and includes a short summary of all the other references.
And if you can’t await the decision any more, search the ECJ’s databank yourself here.