A company can not lawfully make use of another's trade mark, without authorization, to engage through search engines on their sites.
The services offered by Google (Ad Words) do not exclude the obligation of the advertiser to comply with the industrial property rights.
The risk of confusion in the market about the origin of the services constituted grounds for trade mark infringement even when you use not allowed by the owner, a word corresponding to the trade mark to open a sponsored link
The unlawful use of a word corresponding to the trade mark to open a sponsored link constitute an infringement under Article 21 of the Italian IP Code and creates a likelihood of confusion in the market with respect to the origin of the service.
In this case, the court stated that the use of a sign identical with the mark part of the defendant, which launches as a keyword to show a related advertisement, was such as to corroborate the existence of a material link in trade between the services concerned and the trade mark proprietor, could lead to error in the origin of the products 'Internet user.
Court of Milan 23/04/2013.
The services offered by Google (Ad Words) do not exclude the obligation of the advertiser to comply with the industrial property rights.
The risk of confusion in the market about the origin of the services constituted grounds for trade mark infringement even when you use not allowed by the owner, a word corresponding to the trade mark to open a sponsored link
The unlawful use of a word corresponding to the trade mark to open a sponsored link constitute an infringement under Article 21 of the Italian IP Code and creates a likelihood of confusion in the market with respect to the origin of the service.In this case, the court stated that the use of a sign identical with the mark part of the defendant, which launches as a keyword to show a related advertisement, was such as to corroborate the existence of a material link in trade between the services concerned and the trade mark proprietor, could lead to error in the origin of the products 'Internet user.
Court of Milan 23/04/2013.
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