Trade Mark infringement for competitor advertisements appearing from search engine abuse

legal updates

Companies can legally stop other companies using its trade marks when an internet user cannot easily tell which company is behind the advertisement.

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The European Court of Justice (ECJ) has ruled that companies can legally stop other companies using its trade marks when an internet user cannot easily tell which company is behind the advertisement.

In the particular recent case the company Portakabin sought to stop a rival company Primakabin from having an arrangement with Google to bring up Primakabin advertisements when someone ‘Googled’ Portakabin.

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The case has been referred to the European Court of Justice when Interflora attempted to stop Marks and Spencer flower advertisements appearing when using the Interflora name.

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The person who steals your name could be pursued for ‘passing off’ your name but eBay themselves would not be liable.

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