“…ng the commercial communication oneself: see Joined Cases C-236/08 to C-238/08 Google France [2011] Bus LR 1, at [55] to [57]; and Case C-324/09 L’Oreal v eBay [2011] RPC 27 at [99]-[102]. ASI were likewise merely providing a channel for the communication of the AdSense ads. If Google were selecting ads by reference to the browsing…”
“…er GmbH & Co. KG and Hotel Alpenhof GesmbH v Heller [2010] ECR I-12527 and Case C-324/09, L’Oréal SA and Ors v eBay International BV and Ors [2011] ECR I-6011, [2011] RPC 27, the judge’s further finding that the claimants had established a good arguable case that the defendants had in this way advertised and offered for sale their …”