Using Competitor’s Trade Mark as Unfair Competition in Keyword Advertising

Journal article

1 online resource (page 1090–1099)

Headnotes by the Editorial Office 1. The use of a trade mark as a keyword to redirect consumers of goods or services to a competitor’s link is not comparative advertising but a fraudulent means of diverting customers, as it facilitates parasitic competition and confusion among consumers. Therefore, such a practice constitutes an act of unfair competition. 2. The injured party has the right to damages arising from acts of this nature, especially when they harm the party’s reputation or business, or create confusion among commercial or industrial establishments or service providers, or between goods and services offered for sale. 3. Non-material damage caused by the above acts is considered res ipsa, i.e., it is sufficient to prove that there has been unlawful conduct. There is no need to demonstrate concrete harm or provide evidence of actual non-material damage.

Crossref

GRUR International ; 73, 11, 2024, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2024.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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