English
 
Help Privacy Policy Disclaimer
  Advanced SearchBrowse

Item

ITEM ACTIONSEXPORT
 
 
DownloadE-Mail
  The Use of Trade Marks in Keyword Advertising - Developments in ECJ and National Jurisprudence

Laan, N. v. d. (2012). The Use of Trade Marks in Keyword Advertising - Developments in ECJ and National Jurisprudence. Max Planck Institute for Intellectual Property & Competition Law Research Paper, No. 12-06.

Item is

Files

show Files

Locators

show
hide
Locator:
http://ssrn.com/abstract=2041936 (Any fulltext)
Description:
-
OA-Status:

Creators

show
hide
 Creators:
Laan, Nicole van der1, Author           
Affiliations:
1MPI for Intellectual Property and Competition Law, Max Planck Society, ou_830549              

Content

show
hide
Free keywords: advertising, AdWords, trade mark law, trade mark directive, trade mark use, likelihood of confusion, initial interest confusion, trade mark functions, origin function, advertising function, investment function, freedom of information, competition, free-riding, dilution, limitations
 Abstract: The use of trade marks in keyword advertising has been one of the ‘hottest’ issues in intellectual property law for several years. This entirely new way of using trade marks as a targeting tool has provoked a discussion concerning the core concepts of trade mark law. This chapter discusses the issues of ‘trade mark use’ (section 5), the likelihood of confusion test (section 6), the protected functions of a trade mark (section 7), the protection of reputable marks (section 8), and the limitations to trade mark rights (section 9) in the context of keyword advertising. First, this paper will illuminate the functioning of keyword advertising and the various interests at stake (section 2). Thereafter, the structure of Art 5 TMD, as well as the underlying rationales and policy concerns of trade mark law will be addressed (sections 3 and 4). In addition to trade mark law, unfair competition law issues will briefly be pointed out (section 10). Furthermore, a number of national court decisions applying the guidance provided by the ECJ will be analyzed (section 11). The chapter concludes by arguing an approach towards the use of trade marks in keyword advertising which takes into account the freedoms of information and competition and which focuses on the prevention of consumer confusion (section 12).

Details

show
hide
Language(s): eng - English
 Dates: 2012-04-05
 Publication Status: Published online
 Pages: 51
 Publishing info: -
 Table of Contents: -
 Rev. Type: -
 Identifiers: -
 Degree: -

Event

show

Legal Case

show

Project information

show

Source 1

show
hide
Title: Max Planck Institute for Intellectual Property & Competition Law Research Paper
Source Genre: Series
 Creator(s):
Affiliations:
Publ. Info: -
Pages: - Volume / Issue: No. 12-06 Sequence Number: - Start / End Page: - Identifier: -