If a consumer uses the word CITY BOX or CITYBOX when searching on Google he would encounter the following ad: “City Box – boxaround.nl www.boxaround.nl/city+box Boxaround 24/7 availability. Now 30% Discount.” City Box objects to this use on the basis of its trademark rights and is supported by the court’s decision. The trademark (CITY BOX) does not belong to Boxaround and is being used as a Google Adword to promote Boxaround´s products. In this case it is difficult for the average internet user to ascertain what the relationship is between the trademark and the party that uses it. After all, why is the Adword CITY BOX used? Is Boxaround affiliated with City Box, or are the companies in some way connected. That impression is magnified by the use of CITY BOX in the ad itself. The court therefore decides that there is an infringement. Use of the trademark CITY BOX as Google Adword is prohibited and Boxaround has to pay a portion of City Box´s legal expenses.
