The case involved two companies Primakabin and Portakabin, which both manufacture temporary sheds and buildings.
Primakabin used keywords like “portakabin” and mis-spelled variants “portacabin” in keywords it used with Google AdWords in order to draw users to Primakabin products when they searched for its competitor.
In coming to the conclusion the court that such conduct did not constitute trademark infringement the court said:
“ A trade mark proprietor is not entitled to prohibit an advertiser from advertising – on the basis of a sign identical with, or similar to, that trade mark, which that advertiser chose as a keyword for an internet referencing service without the consent of that proprietor – unless there is a legitimate reason, within the meaning of Article 7(2), which justifies him opposing that advertising, such as use of that sign which gives the impression that the reseller and the trade mark proprietor are economically linked or use which is seriously detrimental to the reputation of the mark.”
Funny I thought that anytime one company uses the trademark of another it’s “seriously detrimental to the reputation of the mark”
Guess that’s only if a domainer is doing it.