Update On Use Of Competitor's Brand As Google AdWords

Article by Charlotte Walker-Osborn Head of TMT Sector and Laura Friend, Solicitor, Commercial

What? Brand owners have been keen to prevent competitors from using their trade marks as AdWords (and from benefiting from the substantial investment in the development and promotion of their brands). There has been much debate in recent years whether or not such activities could amount to trade mark infringement.

So What? The ECJ has held that businesses are permitted to use the brands of competitors as AdWords to generate sponsored search results for their own products. However, the use of third party brands as AdWords can amount to trade mark infringement if the sponsored advertisement is likely to mislead consumers as to the origin of the goods advertised in the sponsored search results.