Mr. Benjamin Echterhoff has given a Webinar in our firm, about trademark non-infringements in Amazon platform-internal search engines.
Benjamin is a German Patent Attorney and a litigation expert in our Munich team. His work focuses on patent prosecution and litigation as well as trademark and design infringements.
This is an Area of Trademark Law that has Plenty of Shades of Blue
When is an Internet search result a genuine trademark infringement and when does a search result only mirror what can be found in the Internet?
How does an auto-fill keyword function fit into this image? What if the auto-fill keyword function completes arbitrary inputs to represent known trademarks? What if the autofill keyword function is just completing garbage input into what is an often searched keyword?
When is an Internet search engine provider an innocent Intermediary and when does he become a trademark infringer, by negligence or even willfully?
How it is seen in Germany
Our only 12 minutes long talk is about specific case law of the German Federal Supreme Court (Bundesgerichtshof BGH).
The questions raised are the same in any jurisdiction, however.
Here is the screencast.