22.5.2010

Official Journal of the European Union

C 134/3

(Case C-278/08) (<span class="super">1</span>)

(Trade marks - Internet - Keyword advertising - Display, on the basis of keywords which are identical with or similar to trade marks, of links to sites of competitors of the proprietors of those trade marks - Directive 89/104/EEC - Article 5(1))

2010/C 134/03

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH

Defendants: Günter Guni, trekking.at Reisen GmbH

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 5(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Reservation of a sign similar or identical to a trade mark with an internet search engine operator in order that, once that sign has been entered as a search term, advertising for products or services identical or similar to those for which the trade mark in question was registered appears automatically on the screen (‘keyword advertising’) — Classification of that utilisation of the trade mark as a use which its proprietor is entitled to prevent

Operative part of the judgment

Article 5(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with or similar to that trade mark which that advertiser has, without the consent of that proprietor, selected in connection with an internet referencing service, goods or services identical with those for which that mark is registered, in the case where that advertising does not enable an average internet user, or enables that user only with difficulty, to ascertain whether the goods or services referred to therein originate from the proprietor of the trade mark or by an undertaking which is economically connected to it or, on the contrary, originate from a third party.

* Language of the case: German.

ECLI:EU:C:2010:140