German software company takes Google AdWords to court
6 May 2004
German company metaspinner media GmbH has taken Google to court over the use its registered trademark "Preispiraten".
The company is objecting to the use of its trademark as a Google AdWords, in a case similar to those brought against the search giant by Louis Vuitton, internet travel agency Bourse des Vols and the AXA insurance group in France and the American Blind & Wallpaper Factory in the United States.
Google's marketing strategy for AdWords now faces legal verification in Germany after metaspinner media GmbH obtained a preliminary injunction against Google at Hamburg district court. Google has refused to accept the injunction as a final regulation and continues to use the trademark "Preispiraten"
Metaspinner's free price comparison software "Preispiraten" allows an easy and quick comparison of prices in several online-auctioneers with those of more than 600 online shops.
The company's attorney Stefan Maas said: "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."
"Especially concerning its announced IPO, Google should clarify the legal foundation of its AdWord system," Christoph Berndt, CEO of metaspinner media GmbH, added.
The court in Hamburg will now have to decide whether Google is justified to use registered trademarks and names for its own advertising and marketing purposes without authorisation.
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