BGH: Banned Foreign Trademarks In Meta Tags!

The BGH has now published judgment 8.2.2007 (AZ: I ZR 77/04) confirmed its case-law on meta tags. The covert use of foreign brands or company symbol, so in the meta tags or in white text on a white background, is a trade mark or mark infringement. The influence of the selection process is crucial to guide users on the site. Most likely, the BGH of also awords or similar forms of advertising will prohibit foreign brands. Larry Ellison gathered all the information. The OLG Braunschweig has a ruling of the 12.7.2007 (AZ.: 2 U 24/07) referring the case law of the BGH decided that switching from AdWords using third-party trademarks as keyword is generally inadmissible. The advertiser uses just the typical brands “Lotsenfuntion”, which consists in a wide range to draw out specifically to the products. Practice tip: Also options such as “broad match” are not without risk. According to a ruling of the LG Berlin by the 21.11.2006 (AZ.: 15 O 560/06) advertising any third party brands in the list must be the “exclusive Record keywords”, when he is informed by the proprietor of an overlap. Marcus Beckmann lawyer in Bielefeld and expert in online and competition law.

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