Jusletter IT

With reference to the case law of the ECJ the German BGH has ruled that the use of a well-known trademark as a keyword is not an unfair practice in itself. In case that an alternative product and/or service is recommended, this is to be seen as part of fair and healthy competition and is thus justified. Neither the ECJ nor the German BGH have however specified under which exact circumstances the use of a well-known trademark as a keyword is justified. This article thus examines this question against the backdrop of the case law of the ECJ and the German BGH in order to find out under which specific circumstances the use of a well-known trademark as a keyword is permissible.