Reflections Regarding Place of Damage in Relation to Keyword Advertising


This paper starts out with an analysis of the Google-case (C-236/08 to C-238/08), in order to illustrate how trademarks are being used in new technical environments. In the case the ECJ is answering questions both in relation to use of trademarks on the Internet and in relation to the responsibilities among the actors involved. It is illustrated that the ECJ is showing and understanding in relation to the fact that the Internet may have to be treated with special attention being paid to the distinguishing features of the information society and that information technology occasionally demands new approaches. Moreover the Google-case is being used to illustrate a new development with an increased number of cross-border infringements, which brings up questions regarding jurisdiction and choice of law. In this context it will be discussed whether or not the time has come for vacating the absolute perception that intellectual property rights exclusively have to be treated by courts in the protecting country applying the law of the country in which the right is protected. In the paper arguments in favor of a more flexible system are highlighted and discussed.