B.C. Supreme Court Rules On Keyword Dispute

As online advertising changes the marketing landscape, the use of sponsored links and keyword advertising is testing the scope of trademark rights. The sometimes controversial practice of "keyword advertising" (such as Google AdWords) was at issue in a recent passing off action from the British Columbia Supreme Court. The Court held that the defendant Vancouver Career College did not pass off its services as those of the plaintiff Vancouver Community College through its use of the keyword "VCC".¹

What You Need To Know

• What is Keyword Advertising? A website operator can place bids with search engines like Google for specific keywords to be associated with their website. When a keyword is searched, the search engine will display the highest bidder's ad or website as a "sponsored link" (clearly distinguished from organic results). When that link is clicked, the website operator will be charged the amount of its bid.