The French Supreme Court has rendered its ruling in the Louis Vuitton vs. Google case regarding the sale of trademarks as key words ('AdWords').
On the question of the jurisdiction of the French courts, the Supreme Court refers the case to the Paris Court of Appeals in order to assess whether the conditions for the French courts to be competent are fulfilled.
On the merits of the case, the Supreme Court considers that Google can be held liable on the grounds of civil liability. The Court therefore requests the Paris Court of Appeals to determine, considering the facts of the case, any potential wrongdoing committed by Google to the detriment of Louis Vuitton.
LVMH welcomes the Supreme Court’s ruling which, in line with what has been authorized by the European Court of Justice in its decision of 23 March 2010, grants the Court of Appeals the ability to rule on Google’s civil liability when using trademarks without the trademark owner’s authorization. This ruling helps to clarify the rules applicable to e-commerce in order to ensure greater legal certainty to the benefit of both businesses and consumers operating online.