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Judgment of the Court (Grand Chamber) of 23 March 2010 (reference for a preliminary ruling from the Cour de cassation - France) - Google France, Google, Inc. v Louis Vuitton Malletier (C-236/08), Viaticum SA, Luteciel SARL (C-237/08), Centre national de recherche en relations humaines (CNRRH) SARL, Pierre-Alexis Thonet, Bruno Raboin, Tiger SARL (C-238/08)
Google France SARL and Google Inc. v Louis Vuitton Malletier SA (C-236/08), also known as Google v. Louis Vuitton was a landmark decision in which the European Court of Justice (ECJ) held that search engines operators such as Google do not themselves infringe trademark rights if they allow advertisers to use a competitor's trademark as a keyword.
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23. März 2010 · Remitting the case to the domestic court: (1) Google’s use of trade marks in the AdWords service was not an infringement; (2) In order to establish whether the liability of a referencing service provider may be limited under Article 14, it was necessary to examine whether the role played by that service provider was neutral, that is, its conduct was merely technical, automatic and passive.
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