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ARTICLE · 28 AUGUST 2015

Use Of Competitors' Trademarks As Google AdWords Is Not Infringement

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The British Columbia Supreme Court has decided that the use of a competitor's trademarks in Google AdWords does not constitute infringement.

CanadaIntellectual Property
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The British Columbia Supreme Court has decided that the use of a competitor's trademarks in Google AdWords does not constitute infringement.

In Vancouver Community College v Vancouver Career College (Burnaby) Inc., Vancouver Community College asserted trademark rights in "VCC". It claimed that those rights were infringed, among other things, when Vancouver Career College purchased VCC as a Google AdWord.

AdWords is an online advertising program offered by Google where an advertiser can purchase certain keywords. When a user searches Google using an advertiser's keyword, an advertisement may appear next to the Google search results. Keywords can also trigger advertisements to show on other sites across the Internet which are affiliated with Google AdWords. By purchasing the keywords, Vancouver Career College was able to rank higher in some Google search results than Vancouver Community College when a user did a search for "VCC".

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