Intellectual Property Law

White-on-White Writing As Trademark Use in Germany

By Marty Schwimmer

Here's an idea for a law journal note: compare the approach of the German court in the AIDOL case (BGH, 8 Feb 2007 (sic), Case I ZR 77/07 - AIDOL), holding that the use of a trademark in white-on-white writing (presumably to game the search engines) is a form of trademark use, with that of, say, the Eastern District of NY in this meta-tag case (emphasizing that meta-tags are not perceived by consumers). Via INTA Bulletin.

Full post as published by Trademark Blog on June 25, 2008 (boomark / email).