Mr. Benjamin Echterhoff has given a talk in our firm, about trademark infringements in platform-internal search engines.
This is an area in Trademark law that has plenty of shades of gray.
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?
The only 12 minutes long talk is about specific case law of the German Federal Supreme Court (Bundesgerichtshof BGH) but the questions raised are the same in any jurisdiction.