Knowledge base
21.03.2023
To prevent consumer confusion, trademarks are provided with legal protection for the purpose of individualizing goods among similar ones. But in practice, we can observe cases when a competitor uses the Copyright Holder’s trademark in the form of keywords in its advertising and makes money taking advantage of its fame, which is illegal.
In some cases, offenders may do this unknowingly. So, for example, an advertiser tries to use in his advertising those keywords that can quickly find the necessary information about a product or service on the Internet, trying to attract the attention of a potential buyer to the object of advertising and promote it on the market.
Illegal use of a trademark is expressed in different ways. Sometimes violators themselves do not know that they are breaking the law. However, ignorance of the law does not excuse one from liability and, although the copyright holder may, at his own discretion, allow or prohibit other persons from using his trademark, nevertheless, the absence of a prohibition is not considered permission to use it by third parties.
When a user enters a trademark as a search query, he seeks to find information about goods or services marked with this particular trademark, and therefore its illegal use as a keyword in advertising a product or service confirms the fact of violation of the exclusive right to a trademark on the Internet.
That is, the use by competitors of someone else’s trademark on websites on the Internet and in advertising in the form of keywords to promote their products is a gross violation.
The methods, place and time of advertising distribution are regulated by the Advertising Law, and violation of any of its parameters indicates that improper advertising has been given.
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