SUMMARY
A recent Federal Court case has affirmed the position in
Australia that the use of AdWords generally does not constitute
trade mark infringement because it does not represent trade mark
use.
ADWORDS
"AdWords" are marketed by Google and they can be very
frustrating to the owners of well-known brands. AdWords of major
brands can be purchased by third parties from Google so that the
landing page of the third party pops up whenever an internet
searcher selects the major brand. Many people have seen this
activity as being parasitic on the reputation of major brands.
TARGET MARKET
The recent case of Veda Advantage Limited v Malouf Group
Enterprises Pty Limited (2016) FCA 255 concerned the VEDA
brands of credit rating services. These brands are owned and
marketed by Veda Advantage which is reportedly the largest provider
of credit ratings in Australia. A bad Veda credit rating can
seriously affect the commercial activities of businesses and
individuals.
