In the course of a Jour Fixe of the Universitätslehrgang für Informationsrecht und Rechtsinformation (IT-Law LL.M.) of the University of Vienna I got the chance to hold a short presentation about the recent Google France decisions.
The event was organized and chaired by Prof. Dr. Nikolaus Forgó (Leibzig Universität Hannover) and held in the office of Dr. Johannes Öhlböck LL.M. (IT-lawyer in Vienna, host of the website rechtsfreund.at).
After the opening words and short introduction of the speakers, Dr. Philipp Pfaller (Limesoda.at) shared his obviously rich experience as one of Austria’s leading Online Marketeers and provided the audience with a short but surprisingly practical and pinpointed introduction into the fields of Online Marketing, Search Engine Optimization and of course Keyword Advertising.
Dr. Öhlböck LL.M., the second speaker, focused on the legal aspects of search engine optimization and not only analysed the practise from the Austrian point of view, but also frequently referred to German court decisions in this field.
Having had two excellent speakers before me I was in the fortunate position that most of the technical background of keyword advertising had already been explained in great detail and thus I focused on the trademark and unfair competition aspects of keyword advertising. Although I would have loved to give the audience a simple conclusion of the state-of-the-law on this issue (‘It’s the ad-text, stupid‘) or a prediction of how the French, German or Austrian courts will decide, I was left with analysing not only what the ECJ has actually said, but, even more importantly, with highlighting all the questions that remain open.
Please see my presentation (in German) below. (In case you are interested in an English [slightly outdated, less sophisticated and surely less pretty] version of the presentation, click >>here<<.)
As a last point I’d like to thank not only the organizers and the host, but also the audience for their attention and the nice and truly inspiring discussion that followed the presentations.
PS: Good luck with your Master theses!