In a move that has sparked widespread controversy, particularly among luxury brand marketers, Google announced yesterday that, as of September 14, brand name keywords will be available for sale to any "legitimate" advertiser.

Brandchannel has been following this story since March. That's when the European Court of Justice in Luxembourg ruled that Google could not be held liable for trademark infringement for selling trademarked brand names as search terms, since Google is simply hosting the ads.

As part of the ruling, however, the court agreed that brands could request that Google block ads that obviously confuse consumers. Thus it appeared that the suit brought against Google by LVMH, owner of the Louis Vuitton brand, was unsuccessful.

That wasn't the end of the story, however.Continue reading...

Google just isn't having a good time with trademark issues in the European Union.

In March, we reported that a suit brought against Google by LVMH, owner of the Louis Vuitton brand, had been ruled in favor of Google. The case involved LVMH's claim that, by selling the Louis Vuitton brand name to anyone as a search term, Google was infringing on its trademark and promoting the online sale of counterfeit products.

The European Court of Justice in Luxembourg "ruled that Google isn't liable for trademark infringement when it sells linked ads to a brand's competitor."

Well, not so fast. Now the French Supreme Court has ruled that Google "can be held liable for the sale of trademarks as AdWords on the grounds of civil liability." The court has referred Google's dispute with Louis Vuitton to the Paris Court of Appeals. Zut alors!Continue reading...

BP's new commercial featuring CEO Tony Hayward hit YouTube and US TV yesterday. The damage control isn't just aimed at BP's brand, but the "gaffe-prone" Hayward and images such as AP's latest. After addressing BP on CNN last night, a "furious" President Obama is heading to the disaster site again today. And crowdsourcing solutions to the spill is officially a cottage industry.

McDonald's recalls 12 million cadmium-tainted Shrek Forever After glasses.

NYC mayor Mike Bloomberg appeals directly to LeBron James to join the Knicks.Continue reading...

Global luxury sector will outperform this year, though Mideast luxury sales stagnate and unemployment casts shadow on US luxury recovery.

US consumers are drinking less beer, while EU combats falling wine consumption.

Is crowdsourcing ready for prime time?

Boomer brands such as PF Flyers get a second life.

Why CMOs are joining the executive table.Continue reading...

WePad is the iPad's most recent opposition. [Boston Herald]

McDonald's breakfast loses customers to Subway. [CNN Money]

Corona sets its sights on Hispanic drinkers. [Brandweek]

'Iron Man 2' campaigns now include Stan Lee. [BrandFreak]

Abercrombie wants employees to stay on the ground. [WSJ]

Candie's reveals unretouched Britney Spears ads. [NY Mag]Continue reading...

Would you stay at Hotel Louis Vuitton? How about the Veuve Clicquot Inn? Global luxury goods branding juggernaut LVMH is banking on the answer being yes. The company has just announced that it will develop and open a number of resorts branded under the Cheval Blanc name, a winery in Bordeaux.

The Wall Street Journal lists the co-branding opportunities available to LVMH under its new hotel umbrella: "LVMH's hotels will be a showcase for many of its brands. The Cheval Blanc in Courchevel has a Givenchy spa, and visitors can buy its Louis Vuitton and Dior merchandise in the hotel." These brand extensions are in line with competition, such as Bulgari Spa, Dubai's Giorgio Armani-branded hotel and the slowly growing Hard Rock Hotel and Casino empire. Continue reading...

Kmart is confident about the future of retail. [Brandweek]

Consumers are regaining trust in retail companies. [Adweek]

FreeCreditReport isn't actually free at all. [Consumerist]

Banning drinking at work made Carlsberg workers mad. [Reuters]

Wal-Mart will cut prices on thousands of products. [WSJ]

Jamie Oliver makes fast food brands nervous. [Daily Finance]Continue reading...

A case in a European court pitting LVMH, the owner of the Louis Vuitton brand, against Google, as reported by brandchannel, has been decided in favor of Google.

The case involved LVMH's claim that, by selling the Louis Vuitton brand name to anyone as a search term, Google was infringing on its trademark and promoting the online sale of counterfeit products.

According to The Wall Street Journal, the European Court of Justice in Luxembourg "ruled that Google isn't liable for trademark infringement when it sells linked ads to a brand's competitor" because Google is only a host for ads. But "the court opened the door for brands to demand that Google take down ads that confuse consumers." All 27 member countries of the European Union are affected by the ruling, which applies to all search engines.Continue reading...