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Quelques mots sur les contrats de vente de mots (Observations sur la condamnation judiciaire en France de Google pour son système Adwords)

Author(s): Cédric Manara

Journal: SCRIPT-ed
ISSN 1744-2567

Volume: 1;
Issue: 3;
Start page: 434;
Date: 2004;
Original page

A French court has ruled against Google France in an intellectual property dispute, saying the company infringed trademark laws for allowing advertisers to combine their text notices to trademarked search terms. This decision, which is not a temporary injunction, is unique, and it is also the first in the world to find Google liable for its AdWords program. This short analysis recaps the reason how the law applied to the search tool, and highlights that the judicial decision has probably no effect for the defendant: not because it has been ruled in France, but because advertisers who buy AdWords agree to indemnify Google for any liability and cause of action. Therefore, this shows that these conflicts of laws in cyberspace are not those we thought so
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