typed in by a user. Anyone may proprietor shall be entitled to reserve such a keyword and one prevent all third parties not having keyword may be reserved by his consent from using in the several clients. The listing depends course of trade, signs which are among other factors on the fee-per-identical with or similar to the click to be paid to Google. In 2003, trademark in relation to goods and LV filed a claim against Google, services which are identical with or alleging the infringement of its similar to those for which the trademarks. Google allowed other trademark is registered. In its market players not only to reserve ruling, the ECJ focused on the LV’s trademarks as keywords, but word “using” and found that “an also these keywords in combination internet referencing service

with expressions such as “imitation” provider which stores, as a or “copy”. Thus, for example, upon keyword, a sign identical with a a query for “Vuitton imitation” or trade mark and organises the “LV copy”, several links to sites display of advertisements on the offering illegal imitations of LV’s basis of that keyword does not use that sign.” ² As a consequence, products appeared. Google was found guilty by two French courts Google may make available until, after a second appeal, the trademarks with a reputation for Cour De Cassation in Paris finally selection in its AdWords service asked the ECJ for a preliminary without facing liability under European trademark law. ³ ruling on the interpretation of the underlying EU directives. Regarding the liability of keyword- 3.The ECJ’s ruling - legal and advertisers, the ECJ stated that a economic impacts trademark owner might not oppose the use of a sign identical with the

According to the EU directives

mark unless such a use causes regarding trademarks ¹ , a trademark

detriment to any of the functions of the mark. ⁴ This includes not only

^{1 First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States} the function of indicating origin, but relating to trade marks, OJ 1989 L 40, 1, has been repealed by Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (codified version), OJ 2008 L 299, 25, which entered into force on

² Google France and Google, para. 121. 28 November 2008. However, having regard to the time at

³ Google France and Google, paras 55 et seq. which the facts occurred, the disputes in the main

⁴ Google France and Google, para. 76. proceedings remain governed by Directive 89/104.