06.05.2004 – 09:23
Google AdWords brought on Trial
metaspinner media GmbH defends its registered trademark "Preispiraten" against the use as a Google AdWord.
Similar to France, where Google's use of registered trademarks as AdWord was taken to court by Luis Vuitton, the internet travel agency "Bourse des Vols" and the AXA insurance group as well as by the American Blind & Wallpaper Factory in the United States, the marketing strategy of Google Ad Words will now be legally verified in Germany.
metaspinner media GmbH already obtained an preliminary injunction against Google at Hamburg district court, but Google refused to accept this injunction as a final regulation. Google rather continued to use the trademark "Preispiraten" against the preliminary injunction. In doing so, Google actually published ads for direct competitors concerning metaspinner media's product "www.metaspinner.de" as well as the company's free price comparison software "Preispiraten" which can be downloaded at "www.preispiraten.de" and allows an easy and speedy comparison of prices in several online-auctioneers with those of more than 600 online shops.
This is the reason that causes metaspinner media to protest. "It shouldn't be possible that the company's considerable expenditures to build up the brand "Preispiraten" are exploited and siphoned off by advertising third parties and particularly by Google" says metaspinner media's attorney Stefan Maas. Third parties are using a high ranking concerning the trademarks used as AdWords, and on the other hand Google itself draws profit from these AdWords. So the benefits of both parties are based exclusively on the accomplishments of the trademark owner.
To prevent further infringements of rights and to sustain the preliminary injunction metaspinner media's law office maas_rechtsanwaelte brought suit at Hamburg district court.
This will lead to the presumably first legal proceedings in Germany, where trademark and competition rights will face Google's extraordinary lucrative marketing strategy. "Especially concerning its announced IPO, Google should clarify the legal foundation of its AdWord system" says Christoph Berndt, CEO of metaspinner media GmbH. The court will have to clarify whether Google is justified to use registered trademarks and names for its own advertising and marketing purposes without authorization.
ots Original Text Service: metaspinner media GmbH Internet: http://www.presseportal.de
Contact: maas_rechtsanwaelte Mr. Stefan Maas, Attorney at Law Beethovenstr. 8 D-50674 Cologne Germany e-mail: email@example.com phone: +49 (0)221 - 8888 760 fax: +49 (0)221 - 8888 7666
metaspinner media GmbH Mr. Christoph Berndt, CEO Hansaplatz 1 D-20099 Hamburg Germany e-mail: firstname.lastname@example.org phone: +49 (0)40 - 374 591 fax: +49 (0)40 - 3751 9267
Original content of: metaspinner net GmbH, transmitted by news aktuell