If the advertiser makes it clear that the goods

A Leave a reply Your email address will not be published. Mandatory fields are marked with Comment Name Google AdWords. Is it legal to use a competitors brand as a keyword ware Competition law CASE LAW European jurisprudence Intellectual property minutes Editorial April This article looks at the rise of online advertising among brand owners and the impact on Google AdWords. With the growing appetite for online and mobile advertising among brand owners the role of Google AdWords seems to be growing significantly. What is AdWords Google AdWords is an advertising service that allows advertisers to have their ads accessible in Google search results. Advertisers using.


AdWords can purchase one or more keywords relevant to Country Email List their business so that when potential customers enter the keyword into the Google search engine the advertisers ad will appear above or next to the search results with the advantage that that ad is displayed above organic results. If more than one advertiser buys a particular keyword advertisers can bid in order of display the highest bidder gets the highest position in the results. Google does not prevent advertisers from using thirdparty trademarks as keywords in the AdWords service.




The permitted use of a competitors trademark has resulted in numerous highquality brands attempting to assert their intellectual property rights through the courts with varying degrees of success. The cases are few and far between but they provide interesting guidance on what can and cannot constitute trademark infringement. In recent years court opinions on such cases have been in favor of promoting competition in terms of protecting the rights of brand owners Can advertisers use thirdparty brands as keywords without infringing the brand owners rights The short answer is yes.  and services they are selling come from the advertiser and not the trademark owner then using a keyword is unlikely to infringe the trademark owners rights. Conversely if it is unclear or.