IPPT20130711, CJEU, BEST v Visys
Use of domain name and metatags can be covered by the term “advertising,” the registration of a domain name cannot.
"60. In light of the foregoing, the answer to the question referred is that Article 2(1) of Directive 84/450 and Article 2(a) of Directive 2006/114 must be interpreted as meaning that the term ‘advertising’, as defined by those provisions, covers, in a situation such as that at issue in the main proceedings, the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, is not encompassed by that term."
IPPT20130711, CJEU, BEST v Visys
C-657/11 - ECLI:EU:C:2013:516