Keyword Trademark Issues in Europe
Home » Industry News

Keyword Trademark Issues in Europe

keywords

While the US Courts have ruled that bidding on a competitor’s trademark does not violate their trademark, it seems that the European Courts have taken a completely different stance that could affect affiliates attempting to break into the European market.

In a judgement in a case, between Inflora and Marks&Spencer, ruled by  the EC (European Court), the court ruled that the use of a competitor’s trademark as a search keyword might actually adversely affect a trademark as it could in fact interfere with a brands reputation and its ability to retain customers.

The court however did say that the practice would be allowed when the advertisement shown, “puts forward an alternative to the goods or services of the proprietor of the trade mark with a reputation – without offering a mere imitation of the goods or services of the proprietor of that trade mark, without causing dilution of the trade mark or detriment to its repute (tarnishment) and without, moreover, adversely affecting the functions of the trade mark.”

This of course does not affect US trademark bidding practices, since the a California Appeals Court ruled in March 2011, that buying ads on a competitor’s name isn’t a violation of trademark law.

Written by Pace Lattin

Pace Lattin is one of the top experts in interactive advertising, affiliate marketing. Pace Lattin is known for his dedication to ethics in marketing, and focus on compliance and fraud in the industry, and has written numerous articles for publications from MediaPost, ClickZ, ADOTAS and his own blogs.

There are nine comments. Join the discussion.











Share/Bookmark this!

9 Comments

Leave a reply

Add your comment below, or trackback from your own site. You can also subscribe to these comments via RSS.

Be nice. Keep it clean. Stay on topic. No spam.

You can use these tags:
<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

CommentLuv badge

Recent Posts

Subscribe to PerformInsider

Get a FREE COPY of the Affiliate Marketing Insiders Handbook NOW! You'll also receive the free Performance Marketing Insider Newsletter and recieve weekly updates on what is going on in the affiliate and performance marketing industry. You'll learn it first at Performance Marketing Insider.

Your Email
 
Your Name



Advertise Here