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Competitors’ Use of Your TRADEMARK as a Keyword

October 2010 - Intellectual Property. Legal Developments by Delphi.

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If someone else is using my trademark as a keyword for advertisements leading to their website; does that constitute trademark infringement? The European Court of Justice has answered that question and others in recent decisions.

If it is done openly, i.e. if the trademark is shown in the actual advertisement link, it is likely to be deemed an infringement. But concealed use of other’s trademark as a keyword, i.e. when the trademark/keyword is not shown, can also constitute infringement which can be stopped.



Delphi has expert knowledge in all areas of commercial law. An important part is Corporate Finance, with a large amount of domestic and cross border mergers & acquisitions and an extensive Banking, Finance and Capital Markets practice. The firm has also distinguished itself particularly within high-technology oriented legal areas such as IT, Telecommunications, Intellectual Property and Life Science.