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AdWord Tempur Trade Mark Infringement or Permitted Comparative Advertising?

February 2011 - Intellectual Property. Legal Developments by Kennedy Van der Laan.

More articles by this firm.

In the past few years, Google AdWords have caused quite an upheaval in trade mark law. The two highlights Google / Louis Vuitton and Portakabin/Primakabin have been discussed before. Other important judgments were rendered in the Die BergSpechte and Eis.de cases.

Use of AdWords can be trademark infringement

The European Court of Justice ruled on the responsibility of Google concerning AdWords earlier this year. This decision is about the use of AdWords by a competitor and reseller. The Court considers when such online advertising constitutes trademark infringement.

New code of conduct for sponsoring in the Pharmaceutical Industry

The marketing activities of the pharmaceutical industry are keeping people’s mind busy. This subject has recently become the centre of attention again, as a result of the broadcasting of the television show “TROS Radar” about alleged misconduct regarding the marketin  g of pharmaceutical products. The show contained, among other things, recordings made with a hidden camera of a medical sales representative who approached patients in the waiting room of a general practitioner. The show has caused some strong responses, including responses of two members of the Dutch Parliament, Van der Veen (PvdA) and Kant (SP).