Document Type
Article
Disciplines
International Law
Abstract
In recent years, the Court of Justice of the European Union (CJEU) has continuously expanded the scope and reach of trademark protection in the EU. With the challenges arising in the digital environment, however, this expansionist approach becomes more and more questionable. The current problems arising from keyword advertising shed light on areas of overbroad, excessive trademark protection created by the Court. Moreover, inconsistencies in the Court's system of infringement criteria clearly come to the fore. Against this background, the present analysis explores ways out of the dilemma. After a short introduction to basic notions of EU trademark law (section I), the problematic expansion of trademark protection in recent years (sections II and III), and current problems arising in the digital environment (section IV), will be analyzed in more detail. Addressing potential solutions, it will be argued that in spite of current difficulties, it would be naive to assume that the Court is prepared to restrict the scope of EU trademark law to traditional protection against confusion with only minor extensions concerning dilution (section V). Instead, the need for an appropriate, more flexible limitation infrastructure will be emphasized (section VI and concluding section VII).
Recommended Citation
Senftleben, Martin R.F., "Keyword Advertising in Europe - How the Internet Challenges Recent Expansions of EU Trademark Protection" (2011). Connecticut Journal of International Law. 515.
https://digitalcommons.lib.uconn.edu/cjil/515
Accessibility Requirements
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