The Preliminary Ruling Decision in the Case of Google vs. Louis Vuitton Concerning the AdWord Service and its Impact on the Community Law

The internet user after entering the keywords obtains two kinds of search results – natural and sponsored ones. The following paper deals with the issue of using keywords which correspond to trademarks registered by a third party for advertising purposes through internet search portals such as Google, Yahoo, Bing, Seznam, Centrum etc. (in principle web search portals). The objective of this article is to analyze decided cases dealing with the AdWords service issued by the Court of Justice of the European Union and compare them also with the attitude in similar disputes in the U.S. Within this knowledge it is necessary to determine the impact of these decisions on further national courts decisions of European Union member states. Moreover there is also legal impact on copyright law and responsibility of internet search engines deduced. The method of the analysis of courts decisions is used and the method of legal comparison is applied to different attitudes in similar cases. Where a third party uses a sign which is identical with the trademark in relation to goods or services identical with those for which the mark is registered, the trademark proprietor is allowed to prohibit such use if it is liable to affect one of the functions of the mark (particularly the function of indicating origin). Regarding to the liability of the Internet search engine itself, decisions of the courts in matters of Internet search engines in the European Union vary from state to state. Whereas the German courts tend to currently access the responsibility for the outcome of the search engines more freely, the French courts are often more stringent. Differently, we can say much more liberal, is the access of the U.S. courts to this issue. Preliminary ruling decision in case of Louis Vuitton Malletier SA vs. Google, Inc. and community practice in further cases follow similar (liberal) decisions of the courts of the U.S

Out-of-court dispute resolution policy in EU electronic commerce

The idea of common electronic market in European Union is frequent question in many aspects. From the legal point of view it is necessary to define unfair competition in this field. It includes domain name grabbing, cybersquatting, spamming and other ways of disrupting competitor’s activities. Legal regulation of e-commerce is developing very slowly but we have already achieved some victories. Directive on certain legal aspects of information society, in particular electronic commerce, in Internal Market (2000) was followed by the regulation of .eu domain names (2002, 2004) and others. This paper is focusing on out-ofcourt dispute resolution policy in EU electronic commerce, especially includes the way of so called Alternative Dispute Resolution (ADR) in .eu domain name cases. It presents results of research of more then 200 ADR decisions made by The Czech Arbitration Court which is the only arbitration board within European Union authorized to solve .eu domain name disputes and it is able to administer ADR in all official European Union languages.Alternative dispute resolution, bad faith, complainant, Czech Arbitration Court, cybersquatting, domain name, electronic market, legitimate interest, unfair competition

Alternative dispute resolution for domain names

The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law"

Trademark infringements in the domain “.cz”

This article deals with finding and evaluating the extent of trademark infringements in the field of domain “.cz” (further referred to as Czech domain). Not only in the Czech legal environment, the question of disputes between intellectual property rights (esp. trademarks) and domain names has traditionally been included in the interpretation of information technology law (Polčák et al., 2018; Lloyd, 2011) or internet law (Jansa et al., 2016; Edwards & Waelde, 2009). Trademarks have a number of functions in the market economy that are described in a number of professional publications (e.g. Horáček et al., 2017) and also extended by follow-up judicial practice. The trademark is an important business identifier for entrepreneurs. It reinforces sales of goods and services on the market, therefore, the entrepreneurs invest considerable financial resources into promoting it (see, for example, Crass et al., 2019). Its basic function is to distinguish the products or services of one trader from the products and services of another and it protects consumers from misleading (Lukose, 2013)

Liquidity Risk Regulation

One of the key characteristics of the global financial crisis was the inaccurate and ineffective liquidity risk management. As usual after the crisis, some thoughts about the need for more appropriate liquidity risk regulation emerged. The aim of this paper is therefore to characterize the development of liquidity risk regulation. First part of the paper characterizes reasons for liquidity risk regulation. The second section describes the liquidity risk regulation before the financial crisis. Then we focus on the current level of legislation in the Visegrad Countries and also on prepared changes which will arise from the Basel III rule

International Court Jurisdiction in Disputes Concerning Unlawful Use of Trademarks on the Internet

The rapid development of IT technologies in the last few decades has also created increasing number of cross-border disputes. This trend is affected by the fact, that there are no border lines that we can find in the real world. Different law systems have to deal with the existence of this new, on state borders independent entity. In the perspective of law, internet is interesting because of its inability as a virtual space, to fit in the doctrine of legal state, by which the state exercises its authority and enforces its law on its territory. This traditional bond between the state, its territory and its law system is impaired, sometimes it is referred to as virtualization or delocalization of legal relationships. Delocalization has a great influence on determination of the decisive law system and court jurisdictions. In those cases, we need to distinguish substantive law and procedural law in order to determine court (or other institution) jurisdiction and law system which would be applied on the case. With regard to the topic of this article, we will deal with private law relationships with international elements. Unlawful use of trademarks on the internet raises a number of issues. One example is the use of trademarks on the internet and to what extent such use is infringing trademark rights on a specific territory. This paper deals particularly with the jurisdictional issues and how rules on private international law can assist in resolving these issues. The currently applicable EU Brussels I Regulation (Recast) allows infringers to be sued either in the place of the defendant’s domicile or in the place of the harmful event

Protection of the reputation of a legal entity and freedom of the expression in the context of "media"

The article focuses on the concept of reputation (good reputation) of legal persons in respect to the legislation within civil law and media law. Interpretation of the legislation is complemented by a comprehensive analysis of the judicial case-law in this area. Attention is focused on the criteria applied for the purpose of detecting unauthorized interference to the reputation of a legal person. In particular, on distinguishing between allegations of factual statement nature and value judgements or permissible criticism