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In his opinion delivered on 24. March, 2011, in the last pending "Keyword Advertising" case before the ECJ (C-323/09 - Interflora), Advocate General Jääskinen suggested that the conditions of permissibility of the use of the trade mark as "Keyword" must primarily be evaluated on the basis of its visible outcome and was thus linked o the contents of the ad displayed in the sponsored link. If the sponsored link did not itself include the sign or any similar sign, even a mark with a reputation would not be diluted (by weakening of its meaning as denoting goods or services of a specific abstract commercial origin) nor would such choice of keywords in search engine advertising amount to free-riding. In the case of identical or similar goods or services, the purpose of presenting a commercial alternative to the goods or services protected by a trade mark with a reputation should count as due cause in the context of modern marketing relying on keyword advertising on the internet.
A sign composed exclusively of numerals may be registered as a Community Trade Mark unless it is a desciptive indication, devoid of any distinctive charakter (ECJ March 10, 2011, Case C-51/10 Agencja Wydawnica Technopol v. OHIM)
The so called "Gurktaler Alpenkräuter" liquor with 27 % alcohol is advertised by claiming it was advertised as “the pleasant and digestible herb liqueur from the Alps”. The distributor was sued for using a forbidden health claim. The German Civil Supreme Court (BGH) now referred the question to the CJEU whether the term health claims includes claims related to the general physical comfort. (BGH I ZR 22/09).