Google AdWords brought on Trial

metaspinner media GmbH defends its registered trademark

"Preispiraten" against the use as a Google AdWord.

Similar to France, where Google's use of registered trademarks asAdWord was taken to court by Luis Vuitton, the internet travel agency"Bourse des Vols" and the AXA insurance group as well as by theAmerican Blind & Wallpaper Factory in the United States, themarketing strategy of Google Ad Words will now be legally verified inGermany.

metaspinner media GmbH already obtained an preliminary injunctionagainst Google at Hamburg district court, but Google refused toaccept this injunction as a final regulation. Google rather continuedto use the trademark "Preispiraten" against  the preliminaryinjunction. In doing so, Google actually published ads for directcompetitors concerning metaspinner media's product"www.metaspinner.de" as well as the company's free price comparisonsoftware "Preispiraten" which can be downloaded at"www.preispiraten.de" and allows an easy and speedy comparison ofprices in several online-auctioneers with those of more than 600online shops.

This is the reason that causes metaspinner media to protest.  "Itshouldn't be possible that the company's considerable expenditures tobuild up the brand "Preispiraten" are exploited and siphoned off byadvertising third parties and particularly by Google" saysmetaspinner media's attorney Stefan Maas. Third parties are using ahigh ranking concerning the trademarks used as AdWords, and on theother hand Google itself draws profit from these AdWords. So thebenefits of both parties are based exclusively on the accomplishmentsof the trademark owner.

To prevent further infringements of rights and to sustain thepreliminary injunction metaspinner media's law officemaas_rechtsanwaelte brought suit at Hamburg district court.

This will lead to the presumably first legal proceedings in Germany,where trademark and competition rights will face Google'sextraordinary lucrative marketing strategy. "Especially concerningits announced IPO, Google should clarify the legal foundation of itsAdWord system" says Christoph Berndt, CEO of metaspinner media GmbH. The court will have to clarify whether Google is justified to useregistered trademarks and names for its own advertising and marketingpurposes without authorization.

ots Original Text Service: metaspinner media GmbH

Internet: http://www.presseportal.de

Contact:

maas_rechtsanwaelte

Mr. Stefan Maas, Attorney at Law

Beethovenstr. 8

D-50674 Cologne

Germany

e-mail: [email protected]

phone: +49 (0)221 - 8888 760

fax:   +49 (0)221 - 8888 7666

metaspinner media GmbH

Mr. Christoph Berndt, CEO

Hansaplatz 1

D-20099 Hamburg

Germany

e-mail: [email protected]

phone: +49 (0)40 - 374 591

fax:   +49 (0)40 - 3751 9267

Source: metaspinner