That innocuous online search for your next golfing holiday leading to a pop-up ad with a reminder that you need new polo shirts confirms that the algorithmic magic of keyword advertising has been at work.
The exponential growth of online marketplaces has led to search engine optimisation (SEO) becoming a standard weapon in business marketing plans. A business wanting to top the list of search results without organically improving its SEO might choose to buy keywords from search engines such as Google. These keywords or phrases help businesses achieve greater visibility of their advertisements within specific audiences. Search engines are the typical vehicles for keyword advertising, and many, such as Google Ads, have monetised this market. Businesses can bid for or buy particular words or phrases, including registered trademarks, that guide internet users to their products or services. Entering one of these keywords into a search engine will then prompt ads from the company that selected the specific keyword for targeted advertising.
However, using a keyword that is identical or deceptively similar to a registered trademark borders on trademark infringement, as prohibited under section 29 of the Trademarks Act, 1999 (act). It can also cause confusion over the source of the goods or services offered, or even mislead consumers into believing there is an association. This disregards the purpose of trademark protection itself, which is to avoid unfair competition that may...
Read Full Story: https://law.asia/online-advertising-must-not-overstep-mark/
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