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剛收到的消息 / 跟 商標 有關的一則判例: [French Court Fines Google]
Newsletter Issue 518, 22nd October 2003 French Court Fines Google After a recent court case in France, the current search leader Google has been fined 75,000 Euros for linking text advertisements to a trademarked French phrase. A French travel company sued Google after it was claimed that they let other companies link their ads to the trademarked phrase, "Bourse des vols". But Google is not the only company guilty of this activity and the judgment could have a very significant effect across the entire search industry, where this practice occurs on a frequent basis. This is the first time that a ruling of this kind has been passed and could lead to a situation where companies providing search services will have to consult a list of trademarks before offering them to advertisers. Google will be appealing the decision, arguing that the term "Bourse des vols" was not covered by a valid trademark. But Google will still have to make the necessary changes as the appeal is processed or face further fines of 1500 Euros per future occurrence. This is not the first time that the French courts have ruled against an Internet company. In late 2000, Yahoo was ordered to restrict access to parts of its site so that French users couldnt visit any sites that sold Nazi memorabilia. This case caused a great deal of controversy, with legal developments arising between France and the former CEO of Yahoo, Timothy Koogle. This latest ruling is also likely to start a new wave of debate and could have a tremendous effect on the current structure of paid advertising on search websites. |