Google Adwords And The Use Of Competitors´ Trade Marks On The Internet

Mark Vincent is the lead Intellectual Property Partner at Truman Hoyle Lawyers in Sydney. Mark advises clients on media and intellectual property disputes, transactions and strategy. Megan Edwards has recently joined the IP and Media Group at Truman Hoyle from the in-house team at the Australian Broadcasting Corporation and brings a wealth of experience in dealing with the application of legal principles to new media and technology.

This paper will examine the interesting and complex legal questions involved in assessing and applying legal principles to online interaction and competition. The focus is on AdWords and the use of a competitor's trade marks on the internet. We examine the position in Australia with a focus on the competition regulator's challenge to Google's AdWord practices, together with a survey of some interesting and contrasting approaches in the USA and the UK.