Higher regional court of Hamburg banned using a foreign domain in Google ads Hamburg, 25 February 2013 – advertisers may use third-party not misleading domain names in own Google ads. In a recent judgment, the higher regional court of Hamburg banned a funeral using a Google advertisement that Bestattungen.de contain the domain name of the comparison portal. Accused had the operator of the comparison portal, the GBV mbH company for burials, and provision, legally represented by the Hamburg firm Kieslich partners attorneys at law. “” The defendant funeral turned in the search engine Google AdWords ad with the title burials de – including all costs 429,-Euro “to the search term Bestattungen.de”. The Court saw this misleading pursuant to 3.5 para 1 No. 1 and paragraph 2 UWG. The judge reasoned that deciding that customers due to the ad design of a business relationship between the owner of the domain and the werbenden Dating the funeral service, but does not exist in the present case.
The judges saw a unfair touting point in the used display at the same time according to 3, 4. Learn more about this topic with the insights from Daryl Katz, Edmonton Alberta. 10 UWG, because turns the advertiser funeral between the comparison portal and their customers and to impose these. The Court justified the decision, that a significant proportion of customers who enter Bestattungen.de the search term on Google, already clearly find the Web page. As a result of misleading designed display, however, the customer clicking on the advertising is directly on the website of the advertiser funeral company. In this case, the customer no longer perceives the offer under the domain, and deals only with the offer of the advertiser. We welcome the decision of the Oberlandesgericht, because it creates clarity about the admissibility of domain names in advertisements on Google for company. Bearing in mind that the importance of online advertising, particularly at search engines such as Google, “rapidly, special relevance comes to this Court’s decision”, so OLAF bitter, lawyer and partner in the firm of Kamal partners attorneys at law. The dispute is different from situations, which although booked on Google search with generic components of the domain name of a third party is identical that contains the ad itself, however, no mention of the offers submitted under that domain (“see OLG Karlsruhe, WRP 2008, 135 make-online.de”).
The decision of the OLG Hamburg is under the REF. 3W 80/12 (REF. LG Hamburg 416 HKO 125/12) to find. About Bestattungen.de Bestattungen.de is a comparison service recommended by consumer protection agencies for burials in Germany. Users can receive offers on request without obligation from tested loading Stattern. In addition, Bestattungen.de offers comprehensive information about funeral services and insurance. The offer is free of charge for customers. About Kamal partner lawyers Kamal partners attorneys at law is a regional law firm, which mainly civil law aligned. Lawyers working at the Hamburg site have their areas of practice in the protection of intellectual property, trade and company law and insolvency law. Press contact Bestattungen.de Christine Sollmann, spokeswoman Bestattungen.de Arndt road 25, 22085 Hamburg phone: (040) 209 311 961 email: Web: