Can Purchasing Competitor's Keywords Constitute Trademark Infringement?

Many companies reach customers by paying for placement of selected words or phrases (key words) at the top of Internet search engine results. Companies generally bid on the selected search terms, agreeing to pay a certain amount to the search engine each time someone clicks on their ad. This is known as "pay per click."
Currently, there are no restrictions on which keywords can be used. For example, any software company can bid to have their ads appear anytime someone searches for Microsoft, by bidding on the term "Microsoft" – even though they clearly do not have the trademark for that name. This may be changing, however, as one search engine giant has already lost a related trademark infringement case tried under European law. The European decision is under appeal, so the decision is not yet finalized. Even when that decision against the search engine company is finally resolved, the issue of a business' claim against the competitor who secured the "pay per click" remains open in the U.S.
If you believe your trade or product name has been infringed, please contact Jacksonville, Florida trademark attorneys Wood, Atter & Wolf, P.A. for legal counsel.
Find out more about this story at Are Competitors Hijacking Your Trademarks in AdWords?


New York City announced in October 2009 that it would be taking steps to assert its legal right to the name "Tavern on the Green." The name belongs to a world-famous restaurant, situated in New York City's Central Park and was reportedly appraised at $19 million. The license to run the restaurant is granted by the City of New York.



