Internet trademark infringement in the UK
What is internet trademark infringement?
In a nutshell, internet trademark infringement involves misuse of some one else’s registered trademark in an online context. In the UK, the law governing trademarks is to be found in the Trade Marks Act 1994.
By contrast, names and brands which are unregistered but have acquired reputation and goodwill can be protected through the law of passing off.
Internet trademark infringement or passing off can arise in many ways. For example, there may be misuse of a competitor name in a domain name (see domain name disputes), in website text, or perhaps in website source code such as title or metadescription, in order to improve search engine rankings.
Adwords trademark infringement
As internet lawyers, we commonly encounter online trademark infringement or passing off involving use of competitor names in sponsored advertisements on Google Adwords. The law in this area is evolving fast. Generally, the key issue is whether use of the competitor name within the ad is likely to cause confusion as to the origin of the relevant goods or services. One option for trademark owners is to make a complaint direct to Google requesting that the offending ad be removed from Adwords.
It is now difficult to stop competitors bidding on trademarks if the trademark itself does not actually appear in the advertisements. Also, so far as the UK is concerned, Google will not entertain complaints which are based purely on use of the trademark as a keyword.
How Adlex Solicitors can you help you...
For advice about internet trademark infringement, contact internet lawyer Adam Taylor of Adlex Solicitors on +44 (0) 207 317 8404 or email.