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ARTICLE · 11 APRIL 2020

Keyword-Based Searches In Trademarks Law

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The Court has also decided that AdWords ads directed to these lists also constitute a separate trademark breach.

TurkeyIntellectual Property
Uğur Aktekin
Uğur Aktekin
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In a recent decision, the Federal Court of Germany ruled that the platforms displaying third party products as search results for the searches based on keywords that are identical to a trademark on e-commerce web sites shall be liable for breaches in the trademarks rights, in the event that these platforms use an algorithm with an active role in determining the products to be displayed. The Court has also decided that AdWords ads directed to these lists also constitute a separate trademark breach.

In Ortlieb decision dated 15.02.2018 and numbered I ZR 138/16 of the Federal Court of Germany, it has been ruled that the platforms displaying third party products as search results for keyword-based searches could be liable due to the lists presenting these products.

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