Google’s AdWords program, its primary source of revenue, generated over $20 billion in 2008. AdWords allows advertisers to purchase keywords that trigger the display of ads, or “sponsored links,” in response to user search queries. AdWords enables advertisers to purchase not only generic keywords to trigger their ads, but trademarks as well. So Boylan Bottling might purchase both “soda” and “Pepsi” as part of its AdWords buy.
In addition, Google’s Keyword Tool recommends keywords to advertisers; these recommendations likewise include trademarks.
More recently, Google began allowing use of marks in ad text for certain classes of advertisers. Those who resell trademarked goods or services, or sell components, or replacement parts related to trademarked goods or services, or provide non-competitive informational sites that refer to trademarked goods or services are now able to use the relevant marks in the text of their ads.
Trademark holders, unhappy with the use of their marks by both Google and their competitors have filed numerous suits.
Source: http://cyberlawcases.com
Based on trade mark act when a person or company registers a tarde mark, all the legal rights of that trade mark belongs to him/her. If any other person uses the tarde mark, which can be a logo, symbol, sign or the name of the trade mark, that entity has committed trade mark infringement based on the trade mark act.
ReplyDeleteWhat has happned here is using the tarde mark by others for advertisemnet of their own product or service. I think this is an absolute infringement of trade mark.
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