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ARTICLE · 22 APRIL 2010

Google AdWords: Infringing Trade Marks?

HopgoodGanim
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Anyone can purchase available keywords - which may include registered trade marks. For example, a competitor of Louis Vuitton could purchase the keyword 'Louis Vuitton', meaning that Google users may be presented with an advertisement and a link to a competitor's website when they search 'Louis Vuitton'.

GlobalIntellectual Property
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By Marcelo de Farias, Solicitor

For many businesses, Google's AdWords service is an easy way to drive traffic to their website. For a fee, a business can 'buy' keywords so that when someone searches for one of those keywords using Google, an advertisement linking to the business' website appears in the search results. Depending on the arrangement with Google, the advertisement is displayed under the heading 'Sponsored Links' either next to or above the natural organic search results list generated.

Anyone can purchase available keywords - which may include registered trade marks. For example, a competitor of Louis Vuitton could purchase the keyword 'Louis Vuitton', meaning that Google users may be presented with an advertisement and a link to a competitor's website when they search 'Louis Vuitton'.

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