July 14, 2010
Companies whose trademarks have been infringed by competitors using search engine keywords can launch objections if it remains unclear who has produced an online advert, the European Court of Justice (ECJ) has said.
Confirming a previous ruling, the ECJ said that the use of a company’s mark as a 'keyword' in online search advertising will violate trademark rights if it creates confusion about the advertisement’s origin.
According to the ECJ ruling, breaches will be evident if the advert "does not enable average internet users, or enables them only with difficulty, to ascertain whether the goods or services referred to by the ad originate from the proprietor of the trademark or from an undertaking economically linked to it”.
Since the internet’s inception, keywords have become a major tool in company promotion. As internet users enter search terms into sites such as Google or Bing, adverts catered for their search appear promoting related materials.
But the practice has caused considerable arguments over recent years, with major companies concerned that their brand image is being exploited by smaller rivals looking to trick consumers towards their sites.
The ECJ has since said that any company which confuses consumers into thinking advertisements are linked to the trademark holder would fall foul of international trademark law.
If you feel your company’s trademark is being abused by competitors, or you wish to discuss how your own activities could be perceived by trademark holders, approach intellectual property solicitors today and stay within the ECJ’s boundaries.
